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Personal injury

Wrongful Death

If your loved one has recently died as a result of someone else’s careless behavior, unreasonable actions, or other form of negligence, you may have the right to hold the responsible party accountable by filing a wrongful death lawsuit.

The sudden death of a loved one is always painful, and it can often leave you wondering how you’re going to carry on with your life, especially if you were financially dependent on your loved one. When tragedy occurs, it’s important to act in a timely fashion to give yourself the time and financial freedom you need to grieve. A wrongful death lawsuit can provide financial compensation for your loved one’s suffering and final expenses as well as their lost income and your loss of companionship.

While no amount of money can return your loved one or heal your pain, a wrongful death claim can hold the responsible party accountable for their actions and give your family some sense of financial security during this difficult time.

What Is a Wrongful Death Claim?

When someone dies suddenly and too soon as a result of the misconduct or negligence of someone else, monetary damages can be sought by the surviving family members in order to compensate for both their financial and emotional loss. A wrongful death claim is a unique type of lawsuit that’s similar to a personal injury lawsuit, but it’s filed in situations such as:

  • A victim is intentionally killed
  • A victim is killed due to medical malpractice
  • A victim is killed in a car accident that involves negligence

Anyone in the state of Florida who depended on the wrongfully deceased relative for either financial or emotional support is able to file a suit, and that includes all relatives such as parents, children, spouses, and also siblings — both blood related and adopted.

Due to Florida’s statute of limitations laws, it should be noted that you must file any wrongful death lawsuit within a two-year window. This deadline may, however, be postponed for one of a few very specific circumstances.

Who Can Bring a Wrongful Death Claim in Florida?

In accordance with Florida state law, a personal representative of the deceased person’s estate, as named in the deceased person’s will or estate plan, is required to be the one to file the wrongful death claim. Should there be no will or estate plan, then the court shall appoint the personal representative.

Despite the wrongful death claim being filed by the personal representative, it is done so on behalf of the deceased’s estate and surviving family members. Every surviving member of family who has an interest in the case must be listed in the wrongful death claim.

The family members who can recover damages in a wrongful death claim in Florida include a spouse; any children, blood related or adopted, or born out of wedlock so long as it can be established that the father has assumed responsibility of the child; parents; and dependent blood relatives.

Common Types of Wrongful Death Cases

The legal definition of a wrongful death in Florida is a death caused by any “wrongful act, negligence, default or breach of contract or warranty.” In other words, a death caused by someone else’s carelessness or negligence. The following are some of the most common examples that you can find of wrongful death cases:

  • Motor vehicle accidents
  • Botched surgery, misdiagnosis and other forms of medical malpractice
  • Fatal dog attacks
  • Fatal slip and falls
  • Drowning as a result of an unsecured swimming pool

Contact a Florida Wrongful Death Attorney

Have you lost a loved one due to someone else’s carelessness or negligence? A wrongful death claim can’t take away your pain, but it can give you the financial space you need while you grieve and replace the lost income your family depends on. Contact GMV Law Group, LLP to schedule a free consultation with a compassionate wrongful death lawyer in Florida who can help you explore your legal options.

GMV Law Group, LLP