When you have recently experienced the unexpected loss of a loved one, you may need to consider filing a Florida wrongful death lawsuit. Legal proceedings may be the last thing on your mind as you try to cope with the loss and attend to your family’s needs. Therefore, it’s best to get in contact with an experienced Florida wrongful death lawyer as soon as possible so the burden of a wrongful death claim can be taken off your shoulders.
The Purpose of a Florida Wrongful Death Lawsuit
As you cope with the loss of a loved one, the last thing you want to worry about is your financial needs. Unfortunately, most Florida wrongful death lawsuits follow a catastrophic accident which may have resulted in months of medical bills before your loved one passed away. Even immediately fatal accidents may have left your family with expenses that you are not prepared to handle.
Another consideration to make is if your loved one was a primary income earner for the family, you will lose that source of income. Add to that expenses for funeral costs and you will realize the damage your family has suffered, beyond emotional loss.
When you file a Florida wrongful death claim, there will there different types of compensation available for survivors of the deceased, as well as the estate itself.
Generally, the types of compensation that may be sought through a Florida wrongful death lawsuit include:
- medical expenses;
- funeral and burial costs;
- loss of income;
- loss of companionship and support; and
- other types of economic and non-economic damages.
A Florida wrongful death lawyer can help you file a Florida wrongful death lawsuit and can explain the specific types of compensation that may be attainable based on the specific circumstances of your case.
When a Florida Wrongful Death Lawsuit is Applicable
When you lose a loved one because of the negligence of another party, it is considered a wrongful death.
To file a wrongful death claim in the state of Florida, you must prove the following:
- that the other party was in some way responsible to keep the deceased from harm;
- that the other party’s actions or failure to act violated that responsibility and caused the death of your loved one; and
- that the estate of the deceased and their beneficiaries suffered losses (damages).
The responsibility of the other party to keep your loved one from harm is also known as a “duty of care” and basically means the defendant’s actions should not have allowed for the fatal accident to occur. This may be as simple as driving responsibly to avoid an accident or warning visitors of an unstable staircase at a business.
If you can show that your loved one died as a result of the negligence of another and your family suffered financial and/or emotional losses as a result of that death, you may be able to file a Florida wrongful death lawsuit to recover those losses. A Florida wrongful death lawyer can help review your case and determine the losses you can recover, as well as who may file the lawsuit.
Filing a Florida Wrongful Death Lawsuit
Florida legislature allows for a “personal representative” of the deceased to be appointed by the Probate Court to begin the process of filing a Florida wrongful death lawsuit. When you have lost a loved one because of another party’s negligence, you should contact a Florida wrongful death lawyer to assist you in the sometimes complicated process of determining the personal representative.
It is not always necessarily the surviving spouse or children of the deceased that may be named as the personal representative. Your lawyer can best explain the process if a personal representative was not already appointed through the deceased’s will.
Once the personal representative is selected, that individual is the only one who can file the Florida wrongful death lawsuit and seek damages on behalf of the deceased’s estate. That individual will represent all persons who have a claim of recovery, such as the deceased’s dependants and beneficiaries. There will be multiple parties involved, as well as many considerations, such as assets and expenses with which to contend. Therefore, it is in your best interest to hire an experienced Florida wrongful death lawyer to help you throughout this process.
The time to file a Florida wrongful death lawsuit is limited to 2 years from the date of death. There are some circumstances, such as in the event of a medical malpractice claim, that may extend this time, but the sooner you begin the claim process the better. A Florida wrongful death lawyer can help get your claim in order quickly so you avoid missing important deadlines in your case.
Finding a Florida Wrongful Death Lawyer
When it comes to choosing a wrongful death lawyer, you can’t afford to play a game of chance. Picking a Florida wrongful death lawyer based on a colorful bus ad or a touching TV commercial won’t necessarily put you in touch with the attorney best suited for your case.
Palm Beach injury attorney Theodore Babbitt has spent years building his practice and growing his network of trusted colleagues and well-respected lawyers. Simply fill out our online form, and Mr. Babbitt will personally review your story to see if you have a valid wrongful death claim. He will then put you in touch with the attorney best-suited to handle your case. There is no cost to get started – 1-877-751-8087.