Kibbey Wagner Injury & Car Accident Lawyers | December 5, 2024 | Florida Law
Losing a loved one is always hard, but it can be even more distressing if their death was caused by someone else’s negligence or wrongful act. In Florida, the law allows you to seek justice and compensation through the Florida Wrongful Death Statute. This statute is designed to help families recover financially and emotionally from their tragic loss. It is crucial to understand what this statute means and how it can help you.
What Is the Florida Wrongful Death Statute?
The Florida Wrongful Death Statute is a set of laws that lets families recover compensation in a lawsuit when a loved one dies due to someone else’s fault. This could include deaths caused by car accidents, medical malpractice, or even criminal acts. The purpose of these laws is to make sure that the people responsible for the death are held accountable.
Who Can File a Wrongful Death Lawsuit?
Under the Florida Wrongful Death Statute, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This representative is often named in the deceased person’s will. If there is no will, the court will appoint someone to be the personal representative.
The lawsuit is filed on behalf of the deceased person’s survivors, which include the spouse, children, and parents. In certain cases, other relatives who were dependent on the deceased person for support may also join the lawsuit.
What Can You Recover in a Wrongful Death Case?
When a wrongful death lawsuit is successful, the survivors can receive money, known as damages, to compensate for their loss. The damages cover various expenses and losses, including:
Medical and Funeral Expenses:
The cost of medical care that the deceased person received before dying, as well as funeral and burial costs, can be recovered.
Loss of Support and Services:
Survivors can claim the value of lost support and services that the deceased person provided. This includes financial support and household services.
Loss of Companionship:
Surviving spouses and children can be compensated for the loss of companionship, guidance, and protection.
Emotional Pain and Suffering:
The mental and emotional suffering endured by the survivors as a result of their loved one’s death can also be compensated.
How Long Do You Have to File a Wrongful Death Lawsuit?
In Florida, you have a limited time to file a wrongful death lawsuit. This is called the statute of limitations. Generally, the statute of limitations for a wrongful death claim is two years from the date of death. You could lose your right to seek compensation if you don’t file the lawsuit within this period.
There are some exceptions to this rule. In such cases, the time limit might be extended. It is important to speak with a wrongful death attorney as soon as possible to make sure you understand the deadlines that apply to your case.
A Wrongful Death Attorney Can Help With Your Florida Wrongful Death Claim
The Florida Wrongful Death Statute is a vital tool that allows grieving families to hold wrongdoers accountable and seek compensation for their loss. Understanding your rights under this statute can help you make informed decisions and take steps toward healing and justice.
Experienced attorneys know how difficult it is to lose a loved one unexpectedly. They are dedicated to helping families like yours get the justice and compensation they deserve.
Your case should be handled with care and compassion, ensuring you get the support you need during this challenging time. If you believe your loved one’s death was due to someone else’s wrongful act or negligence, don’t hesitate to contact a wrongful death lawyer. Schedule a free consultation to discuss your case and explore your options.
Contact Kibbey Wagner Injury & Car Accident Lawyers For Help Today
For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner Injury & Car Accident Lawyers to schedule a free consultation today.
We proudly serve Martin County, St. Lucie County, Palm Beach County, and its surrounding areas in Florida:
Kibbey Wagner Injury & Car Accident Lawyers Stuart
73 SW Flagler Ave
Stuart, FL 34994
(772) 444-7000
Kibbey Wagner Injury & Car Accident Lawyers Port St. Lucie
1100 SW St. Lucie West Blvd. Ste 202
Port St Lucie, FL 34986
(772) 247-3374
Kibbey Wagner Injury & Car Accident Lawyers Palm Beach Gardens
300 Avenue of the Champions Ste 220
Palm Beach Gardens, FL 33418
(561) 944-4000
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