Have you lost a member of your family in Florida because of the negligence or wrongful act of someone else? If this is the case, you may be able to file a wrongful death lawsuit.
However, the Wrongful Death Act in Florida can be confusing, which is why we recommend getting in touch with our legal team at Fetterman Law for help with your case. You can also keep reading to learn more about these cases and how to pursue them in Florida.
Filing a Wrongful Death Lawsuit
According to the Wrongful Death Act in Florida, you can file a claim if you lost a family member because of an accident. In most cases, it’s possible to file a claim against someone that caused a death because of:
- An intentional act
- A reckless act
- A negligent act
Our personal injury attorneys will review your case and ensure it meets the requirements to file a claim.
Types of Accidents the Wrongful Death Act Covers
Sometimes, you may not be sure if your accident qualifies as wrongful death. The fact is, several accidents can cause an unjust death. Some of the accidents that result in a death that will likely qualify for a wrongful death lawsuit include:
- Product liability accidents
- Motorcycle, truck, or car accident
- Medical malpractice cases
- Workplace accidents
- Premise liability cases
Our legal team is there to provide assistance with any of the situations above that lead to death. We can also help in cases where a child’s safety is endangered. If you have a family member die because of someone else’s actions, filing a wrongful death claim is your right. You can learn more about your rights in these cases by scheduling a free consultation with our wrongful death attorneys.
Understanding Wrongful Death Lawsuit Eligibility
In the state of Florida, only certain family members are permitted to file a wrongful death lawsuit. Based on the information found in the Wrongful Death Act, you have the legal right to pursue a wrongful death claim if you lose:
- Your spouse
- Your child
- Your parent
- Your siblings
In some cases, children nor parents will be allowed to file a wrongful death lawsuit. One example is with adult children. They will only be allowed to file a claim for the death of their parents if they were unmarried when they passed away.
In Florida, adopted children have the right to file a claim if their adoptive parents pass away. An injury attorney can help you better understand if you are legally allowed to file a personal injury lawsuit.
Potential Types of Compensation in a Wrongful Death Lawsuit
When you file a wrongful death claim, there are certain types of compensation you may be able to recover. The specific compensation you receive depends on the situation. While this is true, some general damages are typically awarded in a wrongful death claim, which includes:
- Loss of companionship
- Loss of services and support
- Mental pain and suffering
- Funeral expenses
- Loss of guidance
- Medical costs
- Loss of instruction
It’s a good idea to work with our legal team if you believe you have a situation that requires a wrongful death lawsuit to be filed. Each claim is unique, and the damages you can recover depend on your specific situation. Because of this, it is a good idea to get in touch with us right away to learn what rights you have and what type of compensation your case may be awarded.
The Statute of Limitations for a Wrongful Death Lawsuit in Florida
In Florida, you only have a certain amount of time to file your wrongful death claim after you lose someone you love. You will have just two years to start the legal process after a wrongful death situation occurs in some situations. While this is true, there are some exceptions to this rule.
You can speak to our legal team to learn more about these exceptions and if your case would qualify.
Receiving Payment for Your Wrongful Death Claim
Not all wrongful death claims let you recover compensation in Florida. You must prove that another person or entity caused your family member’s death to receive damages. If you can do this, then it may be possible to recover compensation.
Contact Our Legal Team for More Help with Your Case
There’s no question that no amount of compensation can replace your loved one. However, the funds you receive can help ease the financial burden of their loss. If you believe you have a wrongful death claim, get in touch with our legal team right away. We will review the facts of your case and help you move forward with your case. You can count on us to help you recover the maximum amount of compensation possible for your claim.