Wrongful death lawsuits are conducted when someone is at legal fault for the death of another. In this type of lawsuit, the deceased’s surviving loved ones can reap compensation for their losses.
Continue reading to learn more about the ins and outs of wrongful death lawsuits.
When Can a Wrongful Death Claim Be Filed?
A wrongful death claim can be made for any type of accidental death, regardless of the cause. If the defendant’s wrongful action resulted in the death of the victim, this type of legal claim is applicable. Negligence, intentional acts, medical malpractice, and product liability are all possible causes of a wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the claims are brought against the person who’s responsible for a person’s death, whether due to negligence or intentional misconduct. Typically, this type of lawsuit is filed by a representative of the deceased’s estate in the name of the loved ones who are impacted by the death. This commonly includes wives, husbands, children, brothers, sisters, and parents.
When Can a Wrongful Death Lawsuit Be Filed?
Florida states that wrongful death lawsuits must be filed within two years from the date of the victim’s death. Any claims filed after this period are almost always rejected. However, there is an exception to this rule: If the cause of death was murder or manslaughter, a wrongful death lawsuit can be filed at any time.
What Damages Can Be Collected in a Wrongful Death Lawsuit?
The state of Florida allows surviving family members to receive compensation for economic and non-economic losses in a wrongful death lawsuit. The losses paid to loved ones in a wrongful death may include:
- Emotional distress
- Lost support and services provided by the defendant to family members
- Lost companionship and protection
- Lost parental guidance and companionship
- Medical expenses paid by the family
- Funeral expenses paid by the family
The damage reaped by the victim’s estate in a wrongful death lawsuit may include:
- Lost wages, earnings, and benefits (from the time of the victim’s injury to the date of death)
- Lost wages and benefits that the victim was expected to earn if he or she had lived
- Medical expenses paid by the estate
- Funeral expenses paid by the estate
The experienced wrongful death attorneys at Weldon & Rothman, PL can help you navigate a wrongful death claim after the loss of a loved one. For a free case review, contact us today.