How does filing a wrongful death lawsuit help me?
Losing a loved one is always difficult, whether you are a parent, sibling, spouse, or child. The reality sinks in with great difficulty and stings the entire way. The overwhelming pain and sorrow may even make you wonder, “What use is filing a lawsuit now?” Let the experts tell you this: There is a use, and it is to hold the perpetrators accountable and alleviate the suffering and financial burden of the victim’s family.
The loss of a loved one is never without great sorrow and emotional distress. On top of this, it is not uncommon for the family to also encounter financial struggles as they can no longer rely on the deceased for support. A lawyer for wrongful death can help you claim compensation to alleviate this financial burden. The damages in a Florida wrongful death case are divided into two categories:
- Damages paid to the family of the decedent
- Mental pain and suffering
- Loss of support and services to the decedent’s family members
- Loss of companionship and protection
- Loss of parental companionship, guidance, and instruction
- Medical and funeral expenses
- Damages paid to the decedent’s estate
- Loss of wages, employment benefits, and other earnings occurring from the date of the injury to the date of the decedent’s death
- The value of earning and benefits the decedent could have reasonably been expected to save if they had lived
- Medical and funeral expenses that were paid for directly by the estate
Who can file a Wrongful death lawsuit?
Florida law requires the personal representatives or executors of the decedent’s estate to file a lawsuit for wrongful death—the personal representative acts on behalf of the decedent’s estate and surviving family members. Furthermore, when filing a wrongful death lawsuit, they must list all potential benefactors. Under Florida Law, potential benefactors include:
- The spouse and/or children
- Parents
- Blood relatives
- Adoptive siblings
- Adult children, if there is no spouse
- Parents of minors
Furthermore, it is crucial to bear in mind that the Florida statute of limitations states that any wrongful death lawsuits must be filed within two years from the date of death. Statutes of limitations refer to the period of time allotted by the state within which legal proceedings must be started, after which it is no longer possible to do so. While this limit is applied strictly, it may be extended under special circumstances to accommodate the plaintiff.
People for Law is here to help
Florida’s wrongful death statute states that when a person’s death is caused by someone else’s negligence or legal violation, the decedent’s surviving family may recover damages.
If your spouse, parent, sibling, or other relative has lost life because of another party’s misconduct, you are entitled to file a wrongful death lawsuit. Wrongful death cases commonly originate from deaths associated with medical malpractice, car accidents, dangerous drugs, defective products, and other causes. A wrongful death lawsuit is a legal action that enables the surviving family of a victim to seek monetary compensation for the losses caused by the individual’s death.
However, before you may proceed with filing a claim for damages, you must first establish that it was indeed a wrongful death to prove your eligibility for compensation. In a wrongful death suit, proving the duty of care relationship between the deceased and the negligent entity is necessary. Moreover, the numerous special rules and additional factors that determine who can recover damages in a wrongful death lawsuit highly complicated.
Our experienced and compassionate lawyers at People for Law can guide you through complex legal procedures to relieve some of your burden. When a Wrongful Death Attorney takes care of gathering and organizing evidence such as autopsy reports, medical records with notations, test results, consultation records, evaluations, prescriptions, or other documentation, you can expect a much better chance of a positive outcome.
We will fight aggressively to make sure that the culprit properly compensates you for your losses. Our wrongful death attorneys work on a contingency basis, so you can rest assured that you don’t have to pay unless we win.
Even if you feel hopeless right now, remember that People for Law is always ready to help you through a tough patch and fight for you.