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If you have lost a loved one due to the negligence or wrongful act of another party, make time to consult with an experienced wrongful death attorney to ensure that your rights are protected and increase your chances of obtaining the compensation you deserve under Florida law.
What is the Legal Definition of Wrongful Death in Florida?
Under Florida law, wrongful death is defined as a death caused by wrongdoing, negligence, defectiveness, or breach of contract or warranty of any person or entity. The Florida Wrongful Death Act provides the legal framework for wrongful death claims in the state.
To file a wrongful death claim, it is essential to consult with a knowledgeable attorney for a comprehensive understanding of the definition and requirements. Since each case is different, there may be stipulations that don’t apply to your case.
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Who Can Bring a Wrongful Death Claim in Florida?
Under Florida Statute 768.21, The legal process of filing a wrongful death claim involves the involvement of the personal representative of the deceased person’s estate.
It is the responsibility of the personal representative to initiate the lawsuit on behalf of the eligible beneficiaries. These eligible survivors typically include the spouse, children, parents of the deceased person, and, in certain situations, other dependent relatives.
What Are the Elements of a Wrongful Death Claim in Florida?
The following elements must generally be proven to succeed in a wrongful death claim in Florida:
- Negligence: It must be established that the responsible party had a duty of care towards the decedent and that they breached that a breach of duty occurred.
- Causation: It must be shown that the breach of duty directly correlated to the death of the individual.
- Damages: The surviving family members must have suffered damages as a result of the death, such as financial losses and emotional pain.
Proving these elements requires evidence, documentation, and expert testimony in some cases.
Click To ContactWhat Types of Incidents Lead to the Most Wrongful Death Claims in Florida?
Wrongful death claims in Florida can arise from various incidents or situations, including but not limited to:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability
Each case is unique, and the specific circumstances surrounding the death will determine the viability of a wrongful death claim. If your loved one succumbed to injuries from any of the following accidents, you can speak with a compassionate fatal accident attorney near you to evaluate your case and estimate its value.
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Is There a Time Limit for Filing a Wrongful Death Claim in Florida?
Yes, there is a statute of limitations for filing a wrongful death claim in Florida. In most cases, the claim must be filed within two years from the date of death. However, there are exceptions, such as when the death is caused by medical malpractice. It is crucial to consult with an attorney to understand the specific time limits that apply to your case.
What Damages Can Be Sought in a Wrongful Death Claim in Florida?
In a Florida wrongful death claim, surviving family members have the option to seek damages to address various aspects, including:
- Lost wages: Compensation for the income that the deceased would have earned had they survived the accident.
- Lost benefits and services: Reimbursement for the benefits and services that the deceased would have provided to their family members, such as healthcare coverage, retirement benefits, and household chores.
- Lost advice, care, counsel, and companionship: Monetary compensation for the guidance, support, advice, and companionship that the deceased would have provided to their loved ones.
Do I Need an Attorney to Pursue a Wrongful Death Claim in Florida?
While it is not legally required to have an attorney, it is strongly recommended to seek legal representation when pursuing a wrongful death claim in Florida. An experienced attorney can navigate the complex legal process, gather evidence, handle negotiations, and advocate for maximum compensation on behalf of the surviving family members.
Contact the Florida wrongful death lawyers of Viles & Beckman to navigate the emotional and legal complexities of a wrongful death claim. Our compassionate legal team is waiting to hear from you.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
