Losing someone is hard enough, but when wrongful death is the result of someone’s negligence, it is even harder to accept. The untimely death of a loved one through someone’s negligence is uniquely traumatic. The wrongful death also results in a tsunami of serious financial after-effects. Though no amount of money can replace the person, their missing income, say, from a family, can be catastrophic. Medical bills and funeral costs must also be considered. To recoup such losses the negligent person or entity must be held accountable. Whether the wrongful death is a result of a negligent driver, a property owner, or a company’s dangerous or defective product, fair and just compensation is in order.
Common Wrongful Death Claims
The lists below, while generally inclusive, should not be considered the final statement. Wrongful death cases run the legal gamut, and any suspicion of wrongful death in a situation should be handled by an attorney who can provide advice regarding its feasibility under the law. Wrongful death case-types include:
- Motor vehicle accidents resulting in death
- Dangerous roadways or defective vehicles
- Medical malpractice
- Intentional criminal actions
- Deaths resulting from products or services
Who Can Claim Wrongful Death?
- The deceased person’s estate
- The deceased person’s surviving spouse
- The deceased person’s minor children
- The deceased person’s parents
What is Meant by “The Deceased Person’s Estate?”
In wrongful death suits, damage to the deceased person’s overall assets, or their estate, can bring suits under Florida law. Suits are typically brought by a personal representative of the decedent’s estate or by someone appointed by the probate court. Amounts recovered under the suit are held in the trust to be dispersed to the deceased’s designated beneficiaries.
What Damages Are Recoverable?
The following damages can be recovered in a wrongful death:
- The costs of support and services for the person injured until his or her death, with interest
- Funeral and burial expenses
- Loss of support and services
- Lost accumulated estate value
- Mental pain or suffering as a result of the loss
- Lost income and benefits
Florida Statute of Limitations
Under the Florida statute of limitations for wrongful death, parties must file a wrongful death claim within two years of the date of death in most cases. A wrongful death/personal injury attorney will make sure suits are filed in a timely fashion and suggest filing suits that may fall beyond the two-year limitation in certain cases.
Should You Hire an Attorney?
The answer to the question is “yes.” While you are dealing with the emotional repercussions of a loved one’s death, an attorney will be assessing the facts of the case and gathering evidence. An attorney will, if possible, negotiate a settlement out of court instead of an emotionally-draining trial. If a settlement with an insurance company cannot be reached, our team of experienced litigators at the Injury Assistance Law Firm are ready to fight for you in court.
If you believe you have a wrongful death case, attorneys at the Injury Assistance Law Firm are here to evaluate your case.
Call Now for a Free Consultation or Case Evaluation!
823 N Thornton Ave
Orlando, FL 32803
20 3rd Street S.W.
Winter Haven, Fl 33880
email: [email protected]