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FLORIDA WRONGFUL DEATH

Those who are unfortunate enough to have lost a loved one due to the negligence of another may be able to bring a wrongful death lawsuit in Florida. A wrongful death lawsuit allows one to recover damages for the loss a loved one due to the negligence of another. In one example of a tragic incident, a husband whose wife died as a result of the negligence of a doctor may bring a wrongful death lawsuit to recover damages. Due to the high stakes nature of wrongful death lawsuits, it is important that you are adequately prepared for these proceedings. To best prepare yourself, you should retain the help of a Florida wrongful death attorney that has extensive experience working on wrongful death lawsuits.

Why Hire A Florida Wrongful Death Lawyer?

Going through the death of a loved one is a very emotionally draining and tumultuous time in one’s life. Due to the emotional rollercoaster that is experienced during this time, learning the Florida rules and regulations regarding wrongful death damages can be very difficult if not impossible. To make it easier on yourself, you should seek the help of a legal professional who is well versed in wrongful death lawsuits and understands the nuances of the wrongful death system. Due to the important nature of these proceedings, you should not enter these proceedings without legal help. As such, it is highly recommended that you retain the help of a Florida wrongful death attorney.

Statute Of Limitations For Florida Wrongful Death Claims

Florida law requires that anyone who wants to bring a wrongful death lawsuit must file the suit within a specific time frame—known as the statute of limitations. In Florida, a wrongful death lawsuit’s statute of limitations is generally two years from the date of the deceased’s death. However, the statute of limitations in some cases depends on the type of case and the nature of the opposing party. For example, if the wrongful death lawsuit is brought against the state or one of its agencies, then you must file the wrongful death lawsuit within four years of the action. Additionally, if the wrongful death suit stems from an act of medical malpractice, then the lawsuit has a two year applicable statute of limitations.

Any questions regarding the statute of limitations in your specific case should be directed to a Florida wrongful death lawyer.

Kinds Of Wrongful Death Lawsuits In Florida

In Florida, a wrongful death lawsuit may be brought for negligence resulting from the following events (non-exhaustive):

  1. Motor vehicle accidents
  2. Medical malpractice
  3. Construction accidents
  4. Railroad accidents
  5. Slip and fall accidents

Whether or not you think you may qualify for bringing a wrongful death lawsuit in Florida, it may be wise to consult a Florida wrongful death lawyer to confirm or dispel your beliefs.

Who Can File For And Recover Wrongful Death Damages In Florida?

In Florida, a “survivor” of the deceased may file for and recover wrongful death damages. The following individuals are defined as a survivor:

  • Deceased’s spouse
  • Deceased’s children
  • Deceased’s parents
  • Any blood relatives who were dependent on the deceased for support or services
  • Any adoptive brothers or sisters who were dependent on the deceased for support or services

If you are not sure whether you may constitute a “survivor” under Florida law, then it is highly recommended that you speak with a Florida wrongful death lawyer to answer your questions and address your concerns.

Compensation Recoverable In A Florida Wrongful Death Lawsuit

Under Florida law, there are a variety of different forms of compensation that one may recover in a wrongful death lawsuit. These different forms of compensation include:

  • The value of lost support and services of the deceased from the date of injury to death
  • The value of future loss of support of the deceased from the date of death
  • The value of the spouse’s loss of the deceased’s companionship and protection
  • The value of the plaintiff’s pain and suffering resulting from the death
  • Children may also recover for the loss of parental companionship and protection
  • The deceased’s medical or funeral expenses

It should be noted that when damages are recovered based on negligence resulting in a motor vehicle accident, the court must review the awarded damages to ensure that the amount is not clearly excessive or inadequate

To ensure that you receive all the recoverable compensation that you are legally entitled, it is recommended that you retain the help of a legal professional that is knowledgeable in wrongful death law in Florida. As such, you should consult a Florida wrongful death lawyer when going through such proceedings.

Florida Law

Florida Wrongful Death Provisions

  1. Kinds of Wrongful Death Lawsuits
    • ch. 768, §§ 768.0425, .043, .07, .0755.
  2. Statute of Limitations,
    • ch. 95, § 95.11.
    • ch. 768, § 768.28.
  3. Who Can Be Awarded Damages for Wrongful Death
    • ch. 768, § 768.18.
  4. Recoverable Damages
    • ch. 768, § 768.21.
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