The wrongful death statute in Florida exists to ensure that a person responsible for another’s wrongful death is held liable for their actions. Wrongful death can be defined as a death that has occurred because of someone else’s actions, whether it be a wrongful act, a violation of an agreement, or even negligence. This is for the sake of those left behind by the deceased, such as their loved ones, so that they can receive fair financial compensation.
In this article, we will delve deeper into this statute by talking about recoverable damages, limitations, and other important information you should know.
In order to proceed on a wrongful death claim, an individual needs to make a claim on behalf of the deceased individual. This can include anyone who acts as a personal representative of the deceased individual, designated by the deceased before the incident, such as through their will or testament. If there is no designated representative, the court can choose one.
The common claims
There are various claims made under Florida’s wrongful death statute. Examples can be car accidents, criminal actions, and malpractice. However, the essential requirement is that the individual’s death was caused by someone else’s negligence or wrongdoing. Without such criteria, the claim cannot continue.
Florida’s wrongful death statute makes it clear who can receive compensation for an individual’s unfortunate death. These beneficiaries are generally listed in the lawsuit itself. They commonly include spouses, children, and even parents.
The damages that are recoverable by the beneficiaries can vary. These can include medical and funeral expenses, loss of income, mental suffering, and the cost of keeping the individual alive before their ultimate passing.
The specific amount a person may recover will vary on a case-by-case basis. It depends upon various factors, including their relationship with the deceased and how much they relied on them for their finances.
There are specific limitations set on the statute. For instance, there is a specific time span in which the various parties must meet before the lawsuit can no longer be made and claimed upon. In most circumstances, the case must be filed within two years of the incident. Otherwise, making a claim may no longer be possible, meaning any compensation will no longer be recoverable.
A death of any kind is unfortunate and saddening. Unfortunately, financial problems may also arise if the deceased’s family members have relied on the deceased individual for their financial wellbeing. As such, if you have just lost someone and your case falls under the Florida wrongful death statute, you should act immediately. If you delay, you risk of not being fairly compensated for your loss.
If you are having trouble at any phase of the claim, contact a lawyer to help you out. With their experience and assistance, they will assist you in pursuing a claim to recover the compensation you deserve.
Harris Guidi Rosner, P.A. offers legal help to those seeking assistance under workers’ compensation, personal injury, wrongful death, and more in Jacksonville, Florida. Contact us today to schedule a free consultation.
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