Wrongful death is officially defined as “a death caused by a negligent, willful, or wrongful act.”
Accidents, by definition, happen without any intent or malice. They may, however, be the result of someone’s negligence.
For instance, if someone glances at their phone and causes a car accident, there was no intent to cause harm – yet it did happen.
When a death occurs as a result of someone’s carelessness in such situations, a wrongful death claim may be appropriate.
Examples of wrongful death may include a workplace accidents, airplane accidents, pedestrian and car accidents, defective product cases, medical malpractice situations, or dangerous property conditions.
Wrongful death claims are not criminal in nature, rather they are debated in civil court with the aim of achieving monetary compensation for the victim’s family.
Who Can File a Wrongful Death Claim?
In Florida, the individual named as a Personal Representative in the deceased person’s will is allowed to bring the case before the probate court. If there is no will or no Personal Representative named, the court will appoint an appropriate representative. Although that person is the one filing the claim, the lawsuit is in fact being brought on behalf of the decedent’s estate.
Therefore, any action taken in the wrongful death claim must identify every person affiliated with the estate – including spouses, children, parents, or dependents.
When Should a Wrongful Death Claim be Filed?
In Florida, the statute of limitations for a wrongful death claim is 2 years. If you believe that you have extenuating circumstances which may allow you to postpone this filing, speak with a wrongful death attorney as soon as possible. Generally, if you miss this window you will likely lose your opportunity.
What Damages Apply in a Florida Wrongful Death Claim?
No amount of money can make up for the loss of a loved one. However, the rationale behind a wrongful death claim is to make the survivors financially whole, as well as to recognize their emotional loss both now and into the future.
These cases may award money to survivors (or beneficiaries) for medical expenses, funeral expenses, the decedent’s lost wages, the decedent’s pain and suffering, loss of spousal financial support, loss of companionship, and loss of parental guidance for children.
When the decedent is a child, the financial damages awarded are likely to be less, as there is no loss of earnings. Although this may seem harsh, it simply reflects that this particular aspect of recovery is practical in nature.
Florida Statutes section 768.21 outlines the general guidelines for awarding damages in a wrongful death claim.
Hiring an Attorney
You may be wondering if an attorney is required to file a wrongful death claim.
Hiring an attorney is probably the best way to ensure that you receive the maximum damages without leaving anything on the table. A wrongful death attorney can help you to prove that the defendant was in fact negligent based on the facts of the case, to ascertain the likely loss of future earnings (based on general life expectancies), as well as to help to present emotional and intangible losses to the court in a coherent manner.
The unexpected loss of a loved one is traumatic, and can be the most difficult time of your life. The right attorney is invaluable in assuming the burden of your case, by taking charge and ensuring that it is presented well, and within the allotted amount of time. If you have suffered a loss and are seeking compensation, the law firm of Probinsky & Cole is here to help.
