Wrongful Death Lawyers

There is nothing more devastating than losing a loved one unexpectedly. In Florida, if someone dies due to the conduct of another person or party, there is a potential wrongful death claim against that other party.

Florida statutory law and case law create the legal basis for a deceased person’s estate to file a lawsuit against the allegedly negligent party. Through the lawsuit, the estate could collect damages, which consist of financial compensation owed to the estate and other potential beneficiaries.

Wrongful death cases are daunting, emotional, and often complex. Finding a personal injury attorney with experience in wrongful death claims is essential in litigating these claims.

What Is Wrongful Death According to Florida Law?

Florida statutory law defines the right of action for wrongful death claimants. When a person dies due to the legal fault of another entity, including by “negligence, default, or breach of contract or warranty of any person,” the person or entity who committed the wrongful death could be liable for damages. Yes, the other party can be held responsible even though the deceased person is no longer alive to file the claim (Fla. Stat. § 768.19).

It may sound simple enough; however, additional statutes define other aspects of wrongful death claims, including those governing what type of damages can be collected. Further, thousands of cases (i.e., case law) have a bearing on a potential claim.

Who Can Bring a Wrongful Death Action?

Since the deceased person is no longer around, who can bring the case? In Florida, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. Sometimes, a person will specifically name who his or her representative will be. Other times, the representative must be appointed. When a personal representative must be appointed, there are legal requirements/qualifications to be considered.

In other words, wrongful death claims are complicated from the beginning. This is why it is very important to talk to a skilled lawyer as soon as possible.

What Type of Attorney Handles Wrongful Death Actions?

Personal injury lawyers handle wrongful death claims. Personal injury attorneys handle a range of cases that covers any case where the conduct of another party injures a person. However, a wrongful death action is its own breed, and you should find a personal injury attorney with expertise in wrongful death claims.

What Types of Damages Can the Estate Collect?

Wrongful death actions are civil cases, not criminal cases. There is no sentencing or jail time. Instead, financial compensation is awarded in the form of damages. Again, statutes and case law govern the damages in a wrongful death case.

There are a multitude of different types of damages that may be owed to several parties. One broad area of damages includes compensation for the time period between the wrongful act and the ultimate death. This can include medical care, pain and suffering experienced by the deceased person, and more.

Another area of damages includes compensating surviving family members, such as surviving spouses, for the loss of their loved ones. Damages can be awarded for loss of support, loss of companionship, pain and suffering, and so much more. Damages can also be awarded to compensate the family for funeral and medical expenses. An experienced personal injury attorney will be able to advise you on exactly what types of damages are available and who is owed what.

Contact an Experienced Wrongful Death Lawyer at Fighter Law Today

Florida’s statute of limitations typically gives the estate two years from the death to file a wrongful death action. You should not wait too long. There are other factors to consider, such as loss of evidence and testimony, the amount of time a case could take, and the financial burden you have already incurred. Nothing can replace a loved one, but the experienced attorneys at Fighter Law can help ease the burden after your tragic loss. Our team will fight for you, and we may be able to get you the financial compensation you and your family deserve. Schedule a free consultation by calling (407) 344-4837 or filling out the online contact form.