What Is a Wrongful Death Claim?

Understanding the concept of a wrongful death claim is crucial when seeking justice for the loss of a loved one. In the pursuit of justice for the loss of a beloved family member, just know that you are not alone and that Viles & Beckman are here to help.

By exploring the fundamental aspects of wrongful death claims, such as the eligibility criteria, common causes, key elements, and potential damages, individuals can equip themselves with the knowledge necessary to navigate this challenging terrain. The Fort Myers wrongful death lawyers are here to give you free, in-depth information to help you cope and succeed.

This article provides answers to frequently asked questions about wrongful death claims, incorporating relevant state laws to provide clarity, guidance, and a pathway toward justice for grieving families.

What is a Wrongful Death Claim in Florida?

Wrongful death claims are legal actions initiated by surviving family members or their representatives. These claims aim to hold responsible parties accountable for their actions or negligence that led to the loss of life. The primary goal is to financially recover from wrongful death and to prevent similar incidents in the future.

Expect More, Receive More: Legal Support That Feels Like Family

GET A FREE CASE REVIEW

Who Can File a Wrongful Death Claim in Florida?

In Florida, the personal representative of the deceased person’s estate is typically responsible for filing a wrongful death claim. Eligible parties to file a claim include the deceased person’s spouse, children, parents, and, in some cases, other dependent relatives.

What Are the Most Common Causes of Wrongful Death Claims in Florida?

Wrongful death claims can arise from various incidents or situations, including but not limited to:

1. Auto accidents: When the death is caused by another driver’s negligence or recklessness on the road.
2. Product liability: When a faulty or dangerous product causes a fatal injury.
3. Medical malpractice: When a healthcare professional’s negligence or failure to adhere to the standard of care leads to the death of a patient.
4. Premises liability: When a property owner’s negligence leads to a fatal accident or incident on their premises.
5. Workplace/Construction accidents: When a death occurs due to unsafe working conditions, inadequate safety measures, or employer negligence.

Click To Contact
Our personal injury lawyers today

What Are the Essential Elements of a Wrongful Death Claim?

To successfully pursue a wrongful death claim, certain key elements must generally be proven:

1. Negligence: It must be shown that the responsible party had a duty of care toward the deceased and that they breached that duty through their actions or inaction.
2. Causation: It must be established that the breach of duty directly caused or significantly contributed to the death of the individual.
3. Damages: The surviving family members must have suffered financial and emotional damages as a result of the death.

These elements require gathering evidence, presenting documentation, and, in some cases, expert testimony.

Complete a Free Case Evaluation form now

What Damages Can Be Sought in a Florida Wrongful Death Claim?

In a Florida wrongful death claim, eligible survivors can seek compensation for various economic losses incurred as a result of the tragedy. This may encompass medical expenses related to the final moments of your loved one’s life, funeral costs, and the monetary impact resulting from the loss of support and future earnings that the deceased would have provided.

The emotional toll inflicted by the loss of a cherished family member is immeasurable, but Florida law allows for the pursuit of non-economic damages in a wrongful death claim. These damages may encompass the pain and suffering endured by the surviving family members, the loss of companionship, and the emotional distress experienced as a consequence of the untimely loss.

In cases involving egregious negligence, the pursuit of punitive damages may be deemed appropriate. These damages go beyond compensating the surviving family members and serve as a means to punish the responsible party and deter similar misconduct from occurring in the future.

How Is Liability Determined in a Wrongful Death Claim?

Establishing liability in a wrongful death claim involves a careful examination of the evidence and legal standards. Factors considered include:

1. The responsible party’s duty of care towards the deceased
2. The breach of that duty through negligence or wrongful actions
3. The causal connection between the breach of duty and the death
4. Any contributing factors or shared responsibility

Evidence such as accident reports, witness testimonies, expert opinions, and medical records play a crucial role in determining liability.

What is the Statute of Limitations for Filing a Wrongful Death Claim in Florida

In Florida, there is a statute of limitations that sets a time limit for filing a wrongful death claim. Generally, the claim must be filed within two years from the date of death. Failure to file your claim by this deadline may permanently block you from pursuing damages at all.

What is the Role of an Attorney in a Wrongful Death Claim

While it is not legally required to have an attorney, seeking legal representation for a wrongful death claim is highly recommended. At Viles & Beckman, our attorneys who are experienced in wrongful death cases can provide invaluable assistance, including:

• Collecting and preserving evidence.
• Assessing the value of the claim
• Negotiating with insurance companies or opposing parties
• Preparing and filing legal documents
• Advocating for the rights of the surviving family members
• Representing the claimant’s interests in court, if necessary

Contact us today to learn what constitutes a wrongful death claim and to familiarize yourself with ways to file a wrongful death claim more effectively. Remember, seeking legal advice promptly is crucial due to the time limitations involved.

Call or text (239) 334-3933 or complete a Free Case Evaluation form