Losing a loved one to a preventable accident or negligent misdeed is something no family should ever have to suffer. And while no lawsuit can ever replace the loss of someone dear, the
surviving family does have the legal right to pursue financial compensation from the person who was responsible for the accident, medical malpractice, premises liability issue, or defective product or drug that caused the death.
A wrongful death lawsuit may be the only way that survivors can receive justice and recover from the costs related to the accident, especially if the lost loved one was the primary breadwinner for the family. Here’s what you need to know after a wrongful death of someone you love.
Under Florida law, certain survivors are entitled to take legal action against a person, business, or another entity after a wrongful or negligent act, default, or a breach of contract has cost the life of a family member. The eligible survivors for a wrongful death lawsuit typically include:
Children whose parents are unmarried are eligible as survivors if their mother passes away. However, they are not eligible as survivors if the father passes away, unless the father had already legally recognized the children as his and had an obligation of support.
When filing a wrongful death lawsuit, the individuals do not usually bring suit. Florida law requires that the decedent’s estate file the lawsuit on behalf of survivors through the estate’s personal representative. This person may be named as a part of the estate plan of the deceased (such as in a last will) or be appointed by the court if there is no estate plan.
Florida law has a strict time limit for wrongful death lawsuits, called a statute of limitations. The law says that the suit must be filed within two years of the date of death, and there are very few exceptions to this. After the two-year period has expired, chances for successful recovery are very slim, so starting the legal process early is important.
The type of financial recovery that may be sought depends on the relationship to the deceased. In general, surviving family members may be able to receive compensation for:
In certain situations that involve severe or malicious wrongful acts, punitive damages may also be awarded to survivors. Punitive damages are designed to punish the wrongdoer and send a message to society by imposing a severe financial penalty to discourage others from acting in a similar fashion.
If your loved one died due to someone else’s negligence you need to speak to an experienced wrongful death attorney as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
