A wrongful death lawsuit is filed when someone is killed because of the negligent or willful acts of another person. Essentially, the claim is filed when the decedent  would have been eligible to file a personal injury claim, but was killed because of the defendant’s actions.  Wrongful death can occur in cases which involve altercations, car accidents, slip and falls, medical malpractice, and more.

Florida wrongful death statutes determine who may file a claim, the statute of limitations,  and under what circumstances these cases may be filed.

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Common Questions Regarding Wrongful Death Claims

  1. Who is eligible to file a wrongful death lawsuit? The law allows for the estate of the deceased person to file a claim or lawsuit against the party who is legally liable for the death. These actions are generally initiated by a representatative of the estate. The claim is entered on behalf of all surviving family members and other affected parties.In all states, including Florida, the surviving spouse may file a wrongful death claim. Similarly, a parent can file on behalf of a minor child, and a child can collect when their parent have been killed due to the negligence or actions of another. Generally, an adult child living independently from his or her parents may not file suit, nor can the parents of an adult child who is not a dependent.
  2. Can family members sue each other? Traditionally, family immunity would prohibit family members for suing each other – for instance, if a child sued a parent for the death of the other parent. The original intent (for personal injury and wrongful death cases) was to keep people from splitting apart, and to avoid insurance fraud. However, too many legitimate personal injury cases fell under this umbrella, leaving very real victims with no may wo pay for medical costs or other out-of-pocket expenses. The best way to determine if you are eligible to file a wrongful death lawsuit against your family member is to consult an expert personal injury attorney regarding the facts of your circumstances.
  3. What damages can be collected for a wrongful death claim? Similar to personal injury cases, wrongful death claims generally have two categories of damages – compensatory and punitive. Damages may take into affect the loss of future wages and that affect on the family, medical costs which were incurred, burial and funeral costs, loss of inheritance, the cost of services the decedent provided which must be replaced; as well as the loss of care, guidance, companionship and consortium.
  4. What must be proven in order to collect for wrongful death? The same standards which apply to personal injury cases apply to wrongful death claims; therefore in order to find the defendant liable, the plaintiffs must meet the same burden of proof. For instance, if negligence was involved, the plaintiffs must prove that:
    • the defendant owed the victim a duty of care
    • the defendant breached their duty
    • the breach of duty was a direct and proximate cause of the death
    • the death caused the damages that the plaintiff is attempting to recover with the wrongful death claim

The statute of limitations for a wrongful death case in the state of Florida is 2 years, therefore it is important that you speak with a qualified personal injury lawyer as soon as possible. We can help you to determine if you have a claim, as well as assist in collecting data and evidence during this difficult time. If your loved one was killed by the negligence or willful act of another party, do not hesitate to call the Sarasota and Tampa legal team of Probinsky & Cole.

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