Wrongful Death Claims in Florida: Seeking Justice for Surviving Family Members
Losing a loved one due to someone else’s negligence is a devastating experience that no family should have to endure. In Florida, wrongful death claims provide a legal avenue for surviving family members to seek justice and hold responsible parties accountable for their actions. In this post, we will explore the intricacies of wrongful death claims in Florida and the steps involved in seeking compensation and closure for surviving family members.
Understanding Wrongful Death in Florida
Wrongful death is defined as a death caused by the negligence, recklessness, or intentional actions of another party. This can include a wide range of incidents such as car accidents, medical malpractice, workplace accidents, and more. In Florida, the wrongful death statute (Florida Statutes § 768.19) allows certain family members to file a lawsuit seeking damages for the losses they have suffered as a result of their loved one’s death.
Who Can File a Wrongful Death Claim?
In Florida, the personal representative of the deceased person’s estate is typically the one who files a wrongful death claim on behalf of the surviving family members. The following individuals may be eligible to receive compensation in a wrongful death case:
1. Spouse
2. Children
3. Parents (if there is no surviving spouse or children)
4. Blood relatives or adoptive siblings who were dependent on the deceased for support or services
Types of Damages Available
Wrongful death claims in Florida may seek various types of damages, including:
1. Medical and funeral expenses related to the deceased’s final injury and arrangements
2. Loss of financial support and services provided by the deceased
3. Loss of companionship, guidance, and protection
4. Mental pain and suffering endured by surviving family members
Proving Liability in Wrongful Death Cases
To succeed in a wrongful death claim, the plaintiff (the surviving family members) must prove the following elements:
1. The death of a person
2. The death was caused by the defendant’s negligence or wrongful act
3. The surviving family members have suffered financial losses as a result of the death
4. A personal representative has been appointed to represent the estate and pursue the claim
Statute of Limitations
It’s important to note that Florida has a statute of limitations for filing wrongful death claims. Generally, the lawsuit must be filed within two (2) years from the date of the deceased person’s death. Failing to file within this timeframe may result in the loss of the right to seek compensation.
Seeking Legal Guidance
Navigating a wrongful death claim can be complex and emotionally challenging. Having experienced legal representation is crucial in ensuring your rights are protected and that you receive fair compensation for your losses. At Kushel Law Group, our compassionate team of personal injury attorneys is here to support you every step of the way. We understand the pain and hardships you are facing, and we are dedicated to seeking justice on behalf of your loved one and your family.