Wrongful death is a legal term used to describe a death caused by the negligence or intentional misconduct of another person. When an individual dies as a result of another person’s actions, their survivors may be entitled to file a wrongful death lawsuit. In Florida, certain family members may bring a wrongful death claim against the responsible party. Keep reading to learn more about wrongful death lawsuits in Florida.
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Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, a wrongful death lawsuit can only be filed by the personal representative of the deceased person’s estate. The personal representative is appointed by the court and is responsible for managing the estate and administering any claims on behalf of the deceased individual.
Who Can Receive Compensation in a Wrongful Death Lawsuit in Florida?
The compensation received in a wrongful death lawsuit in Florida is distributed among the deceased individual’s survivors. Survivors are defined in Florida law as the deceased individual’s spouse, children, parents, and any other blood relative who was dependent on the deceased for support or services. If the deceased person did not have any survivors, the compensation will be given to the deceased person’s estate.
What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit in Florida?
The damages that can be recovered in a wrongful death lawsuit in Florida may include both economic and non-economic damages. Economic damages may include medical expenses, funeral and burial costs, lost wages, and future earning potential. Non-economic damages may include pain and suffering, loss of companionship, and emotional distress.
Is There a Time Limit to File a Wrongful Death Lawsuit in Florida?
Yes, there is a time limit to file a wrongful death lawsuit in Florida. The statute of limitations for wrongful death lawsuits in Florida is two years. This means that the lawsuit must be filed within two years of the date of the deceased person’s death. If a lawsuit is not filed within this time period, the court will likely dismiss the case.
What Must Be Proven in a Wrongful Death Lawsuit in Florida?
To successfully bring a wrongful death lawsuit in Florida, the plaintiff (the personal representative of the deceased individual’s estate) must prove the following:
- The defendant had a duty of care to the deceased person
- The defendant breached that duty of care
- The defendant’s actions (or inactions) caused the death of the deceased person
- The death of the deceased person resulted in damages to the surviving family members
Conclusion
If you have lost a loved one due to the negligence or intentional misconduct of another person, you may be entitled to file a wrongful death lawsuit in Florida. By doing so, you can hold the responsible party accountable and recover compensation for your losses. However, it’s important to work with an experienced wrongful death attorney to ensure that your rights are protected and your case is handled correctly. Contact a Florida wrongful death attorney today.