Wrongful death laws are an essential aspect of the U.S legal system, providing legal recourse for families who have lost a loved one due to the negligence or misconduct of another party. Florida, like every state, has its unique set of statutes pertaining to wrongful death cases. In this blog, we'll delve into the intricate aspects of Florida’s wrongful death laws that residents should be aware of.
The Florida Wrongful Death Act
Enacted to protect the rights of survivors, the Florida Wrongful Death Act is the primary legislative document governing wrongful death cases in the state. Under this Act, if a person's death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person, the estate of the deceased can file a lawsuit. However, it's crucial to note that only the personal representative of the decedent’s estate can file the wrongful death claim. This individual is either specified in the deceased’s will or estate plan, or appointed by the court if no such person is designated.
The Act allows the decedent’s spouse, children, parents, and any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services to recover damages. These damages can include loss of support and services, loss of companionship and protection, mental pain and suffering, medical and funeral expenses, and loss of earnings of the deceased from the date of injury to the date of death.
Statute of Limitations in Florida Wrongful Death Cases
Another pivotal aspect to understand is the statute of limitations for wrongful death cases in Florida. In general, the state imposes a strict timeline of two years from the date of death to file a wrongful death lawsuit. Exceptions can sometimes be made, for example, if the cause of death was not discovered until later. However, such cases are rare, and it is strongly recommended to file the claim within the two-year window to protect your rights.
Understanding Florida's wrongful death laws is critical in these unfortunate circumstances. It offers a sense of direction during a complex and emotionally charged time. However, due to the complexities involved in wrongful death laws, it is advisable to consult with an experienced attorney who can guide you through the process to ensure accurate representation of your interests.
Benefits of Legal Representation in Wrongful Death Cases
When dealing with wrongful death cases, the at-fault parties often resist taking responsibility for their actions. In such a scenario, having an experienced attorney on your side can be beneficial, as they are well-versed in navigating personal injury litigation and insurance companies.
An attorney can help you move the case forward, and handle all the paperwork. They can also assist in gathering evidence and determining a reasonable value for the claim so that you receive fair compensation for your damages. To ensure maximum success in such cases, it is essential to hire an experienced attorney with good results in wrongful death claims.
When faced with a wrongful death case in Florida, it is crucial to have the knowledgeable and dedicated team at Burnetti, P.A. on your side. Our team combines years of experience, a deep understanding of Florida law, and a tenacious commitment to seeking justice for our clients. We understand the profound emotional and financial impact of wrongful death cases on families, and strive to alleviate some of this burden by fighting tirelessly for the compensation that our clients deserve. At Burnetti, P.A., our priority is not just representation, but also providing compassionate, comprehensive support during this difficult time.