According to the legal encyclopedia provided by the Legal Information Institute at Cornell Law School, wrongful death occurs when someone knowingly or negligently causes the death of another person. A wrongful death claim is filed by family members or a personal representative against the defendant or the person responsible for the death of your loved one.
Successful wrongful death claims allow you to recover economic and non-economic damages from your family members’ passing. If your life has been turned upside down after the death of a family member, help is available for you. Get justice for your loved one by filing a claim with a wrongful death lawyer in Florida from Winston Law Firm as soon as possible.
What Types of Compensation Could I Recover from a Wrongful Death Claim in Florida?
After a loved one passes away at the hands of another person, it is understandable that you’d want to hold the responsible party accountable for their actions. After filing a claim with a wrongful death lawyer in Florida, you can recover economic and non-economic damages from your family member’s death. Although no amount of money can bring your loved one back or take away your pain, compensation allows you to get reimbursed for costly out-of-pocket expenses that you have suffered as a result of their death.
Depending on the circumstances of your accident, you may be eligible to receive the following types of compensation from a wrongful death claim in Florida — economic and non-economic damages. Each type of damage covers a specific aspect of your losses from the accident that has led to the death of your immediate family member.
Economic damages are compensatory and already have a dollar value attached to them. These types of damages reimburse the deceased’s family for any out-of-pocket expenses that they may have incurred from the accident and the death of their loved one. After a successful wrongful death claim, you may be eligible to collect the following economic damages:
- The deceased’s medical bills
- Funeral expenses
- Property damage
- Lost Wages
- Loss of future wages
- Loss of benefits
- Loss of inheritance
Non-economic damages are highly subjective and do not have a dollar value attached to them. These types of damages refer to the mental anguish or pain and suffering the deceased may have incurred during or after the accident that led to their death. In addition to recovering compensation on behalf of the deceased’s, non-economic damages also consider any suffering or losses family members have struggled with because of their loved one’s death.
- Pain and suffering
- Mental anguish
- Loss of companionship
- Loss of consortium
- Lower quality of life
- Depression or anxiety
- Post-traumatic stress disorder (PTSD)
Who Could Be Responsible for a Wrongful Death in Florida?
Wrongful death claims can be complex. It is not easy to determine who caused the accident. Determining fault in a wrongful death claim can be complicated because one or more parties may have contributed to the accident.
Your wrongful death lawyer in Florida will investigate all involved parties to determine their roles and how they may affect your claim. Common examples of liable parties for wrongful death claims include but are not limited to the following:
- Property owners
- Other drivers
- Truck drivers
- Trucking/shipping companies
- Vehicle manufacturers
- Tire/parts manufacturers
- Vehicle technicians
- Cargo loaders
- Government entities
- Other medical professionals
Why Should I Hire a Wrongful Death Lawyer in Florida?
Because wrongful death claims can be complicated, it is always best to hire a wrongful death lawyer. Wrongful death lawyers can increase your chances of winning a settlement so you can recover the total amount of your economic and non-economic losses. We are well-equipped to handle and win even the most complex wrongful death claims.
In addition to increasing your chances for compensation, a wrongful death lawyer in Florida can also help you collect evidence and expert witnesses to support your claim. Wrongful death lawyers know the laws others must follow to keep others safe while behind the wheel, on their property, or undergoing medical treatment.
If the loss of your loved one has increased your financial strain or lowered your quality of life, it’s time to get help from a wrongful death lawyer in Florida. Our top-rated lawyers for wrongful death are here and ready to take on your claim.
Wrongful Death FAQs
When a loved one unexpectedly passes away because of another person’s negligence, you may feel overwhelmed. If the loss of a family member has brought you mental anguish, financial troubles, or loss of companionship, we are sorry this happened to you. During this time, we wish to help your family by answering some of the most frequently asked questions concerning wrongful death claims in Florida.
Who Can File a Wrongful Death Claim in Florida?
According to Chapter 768 §19 of the 2022 Florida Statutes provided by the Florida State Senate, only a personal representative of a deceased’s person will file a wrongful death claim in Florida. Typically, personal representatives are named before a person dies. However, if a personal representative has not been named, one may be chosen for you.
Although a personal representative may file a wrongful death claim, any compensation won from a wrongful death claim in Florida will be awarded to the deceased’s surviving family members. This may include family members such as spouses, children, and grandchildren.
How Long do I Have to File a Wrongful Death Claim?
According to F.S. 95.11 of the 2022 Florida Statutes provided by the Florida State Senate, the statute of limitations for wrongful death claims in Florida is two years. This means you have two years from the day your loved one died to file a claim to obtain compensation. If you wait, you will not be able to file a lawsuit to collect compensation for any damages you may have suffered.
What if My Family Member Was Partially at Fault for the Accident That Caused Their Death?
In Florida, wrongful death claims are subject to the state’s modified comparative negligence rule. This means that if your family member was partially at fault for the accident that resulted in their death, the ability to recover compensation through a wrongful death claim may be affected by their degree of fault.
Under the modified comparative negligence system, the crucial factor is the extent of your family member’s fault in relation to the accident. Their percentage of fault will be carefully assessed and will play a significant role in determining the compensation you may receive. If your family member is found to have been 50% or less at fault, you can still pursue a claim for compensation, but the total amount will be proportionally reduced by their percentage of fault.
However, it’s important to note that if your family member’s fault exceeds 50%, the ability to recover damages in a wrongful death claim may be barred under this rule. This aspect underscores the importance of a thorough evaluation of the accident circumstances.
Given the complexities involved in such cases, seeking guidance from a wrongful death attorney in Florida is advisable. An experienced attorney can help you understand how your family member’s partial fault might impact your claim and assist in navigating the legal process for seeking rightful compensation.
Talk to a Wrongful Death Lawyer in Florida
The death of a loved one can be a traumatic experience. You may suffer severe mental anguish or post-traumatic stress disorder after their death. You may be unsure what to do and how to move on with your life after losing a close family member.
If this sound like your experience, help is available for you. You have options after losing a loved one in Florida during a wrongful death accident. Wrongful death lawyers from Winston Law Firm can file a wrongful death lawsuit to get the justice your loved one deserves.