What Exactly Is A Wrongful Death Action In Florida And Who Can File?
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The Wrongful Death Act allows you to seek damages after a person has passed away. How has the death affected the survivors of that particular person? The survivors are the immediate family of the person who passed away. It is the way for survivors to seek full justice because a loved one of theirs has died by the act of someone else. The Wrongful Death Act in the state of Florida has a two-year statute of limitations. That means you have to bring a legal action within two years of the date of the death. If you don’t, you lose that case.
If you have a loved one who passed away because of the wrongful action of someone else, you need to contact an attorney as quickly as possible. These are complex cases; they are not like anything else in the state of Florida. You have to have a lawyer who has experience handling these cases. They are very unique.
Who Has The Authority To File A Wrongful Death Suit In Florida?
The people who have the authority to file a wrongful death lawsuit in the state of Florida are what we call the personal representatives of the estate. In a wrongful death case, you have to have an estate opened. That is why these cases are confusing and require specialized attorneys. An estate has to be opened and a person or multiple people have to be named as their personal representatives. The personal representative is the person who has the legal authority to make decisions.
What Damages Are Survivors Entitled To In A Wrongful Death Case?
Survivors in a wrongful death lawsuit can receive what we call pain and suffering. It is very special in a wrongful death lawsuit because it is basically the loss of compassion and companionship from the person who passed away. Different kinds of survivors can get different kinds of damages in the state of Florida. Minor survivors can get the loss of companionship and teaching from their parent who passed away and those damages can go on for years and years. Those are non-economic damages and their values can be unique to every case.
It may depend on the relationship between the parties and how long the decedent was expected to live. All those things can play a factor but the best way to describe it is a loss of companionship, a loss of support, and a loss of the enjoyment of having that person in your life. The estate of the decedent can get other kinds of damages, including medical bills that are outstanding, funeral expenses, and all the expenses that were involved in the decedent’s life before they died which are related to the injury.
How Is The Value Of A Wrongful Death Claim Determined?
The value is determined based on the loss of who that person was to the survivors. If the person was loved and cared for, it is astronomical. The value in every wrongful death case is very unique to that particular family and we view these as very high value cases. The mother, father, son, or daughter’s love of their family members should be the most important thing. The value to every case is unique to that particular situation but the value is extremely high because justice would require it to be so.
For more information on Wrongful Death in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 432-7726 today.
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