Losing a loved one is never easy. The situation becomes clearer when someone else's negligence caused their death. The law recognizes such situations as “wrongful death”, providing survivors with a legal framework to pursue damages. If you are a resident of Florida and have lost a loved one due to someone else’s carelessness, this blog post is tailored to help you understand the nuances of wrongful death claims. We will discuss the eligibility, grounds, and process of filing for compensation.
Eligibility: Not everyone can file a wrongful death claim. Eligible parties include a surviving spouse, children, parents or other dependents of the deceased. If several eligible survivors are present, they may need to file jointly or individually. As per the Florida Statutes, a wrongful death action must be initiated within two years of the death of the individual, or the suit will not be valid.
Grounds: A wrongful death claim can arise from a myriad of circumstances, from medical malpractice to vehicular accidents. These situations can lead to catastrophic damages, including loss of income, medical expenses, and funeral costs. It is essential to determine liability for the wrongful death action to have a strong ground. In Florida, the person filing the lawsuit must show that the wrongful act, negligence, default or breach of contract caused the individual’s death.
Process: The process of filing and pursuing wrongful death claims can be challenging and complex. It is vital to seek the assistance of an experienced wrongful death attorney. You need to inform the responsible party of your intention to file a lawsuit. Then, you will need to file a complaint with the court outlining the foundation for your case. During the settlement negotiation, mediation, or trial, an attorney will be vital in advocating on your behalf.
Damages: If the court deems that you have made a strong case, you may be awarded damages. These damages can include compensation for the loss of financial support, medical and funeral expenses, pain and suffering, and emotional distress. However, each case is different, and whether or not you get compensated will rely on several factors.
Losing someone you care about due to someone else’s negligence can be traumatic, but you don’t have to go through it alone. You have the legal right to pursue compensation for wrongful death through a wrongful death claim. However, it is crucial to have the right information and representation to help navigate the legal system and ensure that you receive the amount you’re entitled to. If you have experienced the loss of a loved one due to someone else’s negligence, contact a wrongful death attorney today for guidance and support.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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All Rights Reserved | Steven H. Meyer, P.A. | Powered By Convert It Marketing | Privacy Policy