Nothing can bring back a family member or loved one after a wrongful death. The losses you and your family suffer may be much bigger than you could ever plan for. And all over something completely out of your control.
In states like Florida, there are statutes that allow you to file a suit in order to recover from these damages. It’s a law that endows people with compensation to weather the storm of a family member dying due to negligence. However, most people tend not to know what their rights are, or how much they’re entitled to.
Today, we’re going to take a closer look at this claim and how it applies to residents of Florida.
What Is A Wrongful Death?
In a wrongful death claim, essentially any case in which a person or company causes a death through their negligence will come under. They are accountable for the family’s resulting emotional distress.
In Florida, the statutes hold that, where a death results from negligence or defaulting, the deceased’s estate may file a suit. This wrongful death must be based on the following:
- conduct amounting to some wrongful act or negligence, or defaulting or breaching a contract
- conduct which brought about the cause of action associated with the death
- the conduct at stake must have entitled the injured person to recover damages in a case where death hadn’t resulted
These cases can result from various situations, including but not limited to automobile accidents, defective and mislabeled products, or medical malpractice.
Who Can File a Wrongful Death Claim (and How Long Does It Take To File)?
The Florida Wrongful Death Act requires that the descendent’s personal representative file the wrongful death suit itself. The deceased’s will or estate plan determines the person and, where the person passes without a will or plan, the local court.
The estate and the person’s surviving family members file the case, with the person’s spouse and blood or adoptive relatives in line to receive.
These lawsuits, according to the law, must be filed within four years to be within the statute of limitations. However, in special circumstances, the court may postpone or defer that period of time.
How Much Can Be Recovered?
According to Florida law, family members or the estate can recover damages for the value of support and services associated with the deceased’s loss. Loss of companionship and guidance, mental pain, emotional distress and suffering, and medical and funeral expenses.
With the deceased’s estate, they may receive damages for wages lost and other associated earnings, including potential future earnings. The value the estate could have expected to acquire in a hypothetical situation where the deceased person lived.
Ward T Berg
Are you looking for representation in a wrongful death claim in Central Florida? You won’t believe how much you may be entitled to. Visit Ward T Berg, or get in touch, to find out more about how we can help you, today!