Wrongful Death Lawsuit

Losing a loved one can be a painful experience, especially when the death is caused by someone else’s negligence or intentional actions. Wrongful death refers to a death caused by the wrongful act, negligence, default, or breach of contract or warranty of a person or entity. In Florida, there are specific laws that govern a wrongful death lawsuit.

Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. If the deceased person had a will, the personal representative is typically named in the will. If there is no will, the court will appoint a personal representative. The personal representative can be a family member or a professional appointed by the court.

Under Florida law, certain family members may also be able to recover damages in a wrongful death lawsuit. These family members include the spouse, children, and parents of the deceased person. In some cases, other family members or dependents may also be able to recover damages.

What Types of Damages Can Be Recovered in a Wrongful Death Case in Florida?

In a wrongful death lawsuit, damages may be awarded to compensate the family members of the deceased person for their losses. These damages may include:

Economic damages: This includes compensation for the financial losses incurred as a result of the death, such as medical expenses, funeral expenses, and lost income or earning capacity.
Non-economic damages: This includes compensation for the emotional and psychological losses suffered by the family members, such as loss of companionship, mental anguish, and emotional distress.
Punitive damages: In a wrongful death lawsuit, punitive damages may be awarded to punish the defendant for their wrongful conduct and to deter others from engaging in similar conduct in the future.

How Long Do You Have to File a Wrongful Death Claim in Florida?

Under Florida law, a wrongful death claim must be filed within two years from the date of the death. If the claim is not filed within this time frame, it may be barred by the statute of limitations.

How Can You Prove a Wrongful Death Claim in Florida?

To prove a wrongful death claim in Florida, the plaintiff must establish four elements:

Duty of care: The defendant owed a duty of care to the deceased person.
Breach of duty: The defendant breached their duty of care, either through negligence or intentional actions.
Causation: The defendant’s breach of duty caused the death of the deceased person.
Damages: The plaintiff suffered damages as a result of the death, such as financial losses or emotional distress.

A wrongful death lawsuit can be complex and emotional. It is important to seek the help of an experienced wrongful death attorney to guide you through the legal process and help you seek the compensation you deserve.

In conclusion, wrongful death is a tragic event that can have devastating consequences for the family members of the deceased person. If you have lost a loved one due to someone else’s negligence or intentional actions, it is important to seek the help of My 305 Attorneys to pursue justice on behalf of your loved one and to obtain the compensation you deserve.