Commonly Asked Questions About Wrongful Death Cases In Florida
As wrongful death attorneys, we get a lot of questions from clients and potential clients about wrongful death cases. We also get questions about wrongful death cases from people who have not been affected by a wrongful death but are simply seeking information. This article is for you if you have a question about wrongful death cases in Florida. This article answers some of the FAQs about wrongful death cases.
Q: Who can file a wrongful death claim in Florida?
A: The Wrongful Death Act controls claims for wrongful death in Florida. According to the law, when a person’s death is caused due to the negligent conduct of another person, only the estate’s personal representative can file a wrongful death claim. Often, this representative is named in the deceased’s Will. And if a Will does not name a personal representative, the court will appoint one. Generally, a personal representative in Florida can be anyone at least the age of eighteen and who is a resident of the state at the time of the decedent’s death. According to the law, after a wrongful death occurs, a personal representative is to file a claim on behalf of the defendant’s survivors and estate.
Q: What damages are recoverable in a Florida wrongful death claim?
A: Several damages can be recovered in a Florida wrongful death claim. For example, survivors may be eligible to recover the value of lost support and services from when the decedent suffered their injury to the time they died. Survivors may also be eligible to recover future loss of support and services. A surviving spouse may be qualified to recover compensation for loss of companionship. Additionally, the personal representative may recover for the estate medical or funeral expenses that were charged against the estate.
Q: How long do you have to bring forward a wrongful death claim in Florida?
A: In Florida, you don’t have unlimited time to file a wrongful death claim. Florida law gives you two years to bring forward a wrongful death claim. You cannot bring forward a wrongful death claim in Florida after two years have passed unless an exception applies to you.
Q: What elements do you need to prove in a Florida wrongful death case?
A: There are a number of elements that must be proven in order to succeed in a wrongful death claim in Florida. It must be proven that the defendant’s negligent conduct caused the death. It must be shown that the death directly resulted from the defendant’s negligence. Additionally, it must be shown that the death financially affected family members, dependents, or survivors and resulted in damages.
Contact Us for Legal Help
If you have questions about wrongful death that have not been addressed here, feel free to contact our Orlando personal injury attorneys at The Pendas Law Firm. We can also help you with a wrongful death claim.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Fort Myers, Ocala, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, and Miami areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.20.html
