Wrongful Death
What is a “Wrongful Death” Case?
A wrongful death lawsuit is brought because someone has died or been killed as a result of another person’s negligent, reckless or intentional acts. Sometimes, these lawsuits are brought after a personal injury case has already begun, and the injury victims dies because the injuries were so serious and severe.
Wrongful death lawsuits are filed in accordance with the law passed by the Florida legislature to protect injury victims and their families in these situations. Along with other states in the country, the State of Florida has enacted a special law to provide for justice in the event of injuries that result in death, i.e., the Florida Wrongful Death Act. Every Wrongful Death case must follow the requirements of this Florida statute.
Typically, a personal representative of the Estate of the deceased personal injury victim files the lawsuit on behalf of “survivors” which can include the decedent's spouse, children, parents, and, in some cases, any blood relatives and adoptive brothers and sisters. The money damages that these surviving loved ones can obtain from the wrongdoer is defined in the Wrongful Death law; however, the wrongful death law’s financial awards can be broad and long-lasting, covering a wide variety of wrongful death damages – including funeral expenses.
What Is the Basis of a Florida Wrongful Death Suit?
Personal injuries that are fatal can come under the purview of the Florida Wrongful Death Act. From the most serious injuries that are immediately fatal, to those that are severe but do not cause death for an extended time, those injuries that kill the victim and are caused by the fault of another can be the basis of a lawsuit brought by the grieving loved ones.
Automobile, car, truck, motorcycle, and boat accidents; helicopter or airplane crashes; construction site accidents; medical, doctor, or healthcare mistakes and malpractice; nursing home neglect or abuse; school-related accidents and sporting event injuries; workplace or employment accidents or illnesses; and injuries and sicknesses from pollution, unsafe or defective products and drugs (both prescription and street drugs) are some of the circumstances that may led to a wrongful death cause of action.
Wrongful Death Damages Under State Law
If you’ve lost a loved one as a result of another person’s negligent, reckless or intentional acts, a legal claim of wrongful death may be appropriate to help to ease the financial burden of your loss, as well as that of your family members. Courts may award financial relief and money compensation for the loss of support, services, earnings, medical and funeral expenses and mental pain and suffering brought about by the wrongful death of a loved one. The specific types of financial damages available in a Florida wrongful death lawsuit will be defined by the Wrongful Death Act.
Strict Time Deadline to File a Wrongful Death Lawsuit
If you’re considering a wrongful death lawsuit, please understand that you may only be able to bring a lawsuit only up until a given time period. There is a strict time deadline for filing a wrongful death lawsuit in Florida, as well as in all other states. Each state’s Wrongful Death Statute or general statutes of limitations will give the time deadline within which a wrongful death claim must be filed.
States have passed laws called “statutes of limitations” which limit the time persons may bring certain types of lawsuits, including wrongful death lawsuits. Therefore, it’s very important to learn about your legal rights as soon as you or your representatives are able to do so.
Compassion and Integrity for Clients Facing the Tragedy of Wrongful Death
Integrity, hard work, preparation, creativity, camaraderie, and skill are central tenets of our law practice. At Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L., we’re ready to put our knowledge and skill to work for you.
Free Initial Legal Consultation – and We Aren’t Paid Unless There is a Recovery
Our consultations with potential clients are free. If we take your case, we are only paid fees and costs of suit if we succeed in winning a recovery for you. We advance the costs of your case, too, so there’s no cost to you of bringing your case.
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