Losing a loved one is hard, nearly intolerable. It’s even harder to accept it if your loved one’s death was preventable. You feel wronged and that the sudden loss of your loved one is wrong, too. Fortunately, according to Florida law, you may be entitled to a form of relief. Florida law allows you to file a wrongful death lawsuit when someone’s negligent behavior caused you to lose your companion. To learn more about this law, continue reading.
What Is A Wrongful Death?
Wrongful death is just that: a death that is wrong and shouldn’t have happened. Wrongful deaths are 100% avoidable. But a wrongful death lawsuit is overseen by a civil court, not a criminal court. A prosecutor may file criminal charges against the at-fault person, but you must take it to civil court if you want to be compensated under this claim.
In Florida, a wrongful death occurs when someone dies because another person committed a prohibited act, was negligent or defaulted, or breached a contract or warranty. For this reason, a wrongful death lawsuit may stem from a variety of causes and accidents. These causes usually involve negligence.
Some of the negligent accidents that may cause a wrongful death are:
- Car Accidents
- Medical Malpractice
- Boating Accidents
- Construction-Related Accidents And More
Statute Of Limitations
You have two years from the time of the accident to file a medical malpractice wrongful death claim unless an exception applies. You have four years to file any other wrongful death claim. Our law firm can tell you more about any applicable exceptions.
We know that you are grieving, and you may be too depressed or in financial straits to think about suing, but you can’t sleep on your rights. When the clock is ticking, gathering proof of your damages can become a more burdensome task. Also, the longer you wait, the more time passes without you being made whole (receiving monetary damages to help you return to the state you were in before the wrongful death occurred). Koberlein Law Offices is a team of compassionate, wrongful death attorneys who will work diligently to see you compensated wholly and fairly.
Types Of Damages And Who May Bring A Claim
Florida is clear on who can bring a wrongful death lawsuit. Unfortunately, just because you may have lived with the deceased person doesn’t mean you’re entitled to compensation. To file a wrongful death lawsuit successfully, you must be one of the following:
- Surviving Spouse
- Surviving Child(ren)
- Surviving Parent(s) Of Minors
- Surviving Adult Child When There’s No Surviving Spouse
- Surviving Blood Relatives When There’s No One Else
When a loved one dies, you lose that person’s support. Be it emotional, financial, or both, you now have to go without it. In general, you may seek compensation for the loss of present and future loss services and support. You can also seek funeral costs and medical bills (if your loved one didn’t die immediately from the accident). But you should know that your status affects the types of damages you’re entitled to be compensated for.
Spouse—You may sue for loss of companionship, pain and suffering, and financial support (e.g., lost earnings, lost income, and future income) starting from the date of the accident.
Child—You may sue for the loss of parental guidance, parental companionship, pain and suffering, and financial support starting from the date of the accident.
Parents—You may sue for pain and suffering starting from the date of the accident.
Blood Relatives, Dependents, And Others—You may sue for loss of companionship, pain and suffering, and financial support starting from the date of the accident.
Florida Wrongful Death Lawyers
There are nuances and complexities, so don’t try to figure this out on your own. Whether you want to file a settlement claim or go to civil court for compensation, you’ll need an experienced Florida wrongful death attorney at your side. Koberlein Law Office is here to help you move beyond this tragic, avoidable accident. For a free consultation, call us toll-free at 877.556.2889 or contact us online.