Fort Lauderdale Wrongful Death Attorney
When a car crash, workplace accident, surgery, or assault results in death, family members, and loved ones can feel at a loss as to how to move forward. While money can’t provide emotional healing, it can give surviving family members greater financial security and more stable futures. Furthermore, a lawsuit can bring justice upon the negligent party responsible for the death, giving closure to those left behind. At the Law Offices of David I. Fuchs, we’ve brought dozens of Fort Lauderdale wrongful death claims to successful settlements and jury verdicts. We might be able to help your family as well.
Rules for Filing a Wrongful Death Claim in Florida
Every state has different requirements when it comes to claiming damages for the death of a loved one. In some states, family members such as a spouse or children can file a claim. In other states, only the representative of the deceased person’s estate has the right to file. Knowing what the law says in Florida can help you understand whether you have the right to file after an unexpected death – and if you don’t, who could. A conversation with one of our lawyers can give you more information, but here are four basic laws in Florida:
- When can one file for wrongful death? Unfortunately, not every death will result in the right to compensation. In Florida, the law defines wrongful death as a death that stems from the “wrongful act, negligence, default, or breach of contract or warranty” of another person or entity. Furthermore, the circumstances of the death must entitle the injured person to recover damages.
- Who can file in Florida? Florida is one of the states in which only the deceased person’s estate representative can file the claim. The decedent’s will or estate plan might name this person, or the courts can appoint a representative during probate. The representative files a wrongful death claim on behalf of the state and any family members who survive.
- What damages are available? The deceased person’s surviving spouse, children parents, and any blood relative who is dependent on him/her for support could receive damages such as funeral and burial expenses, the value of the decedent’s love and support, the cost of the decedent’s medical bills and lost wages, and compensation for the family’s mental anguish over losing the person.
- How long must a representative bring the claim? Florida’s statute of limitations for filing a wrongful death claim is two years from the date of death in most cases. There are rare exceptions in which the courts might extend this deadline. It’s important to talk to an attorney as soon as you can after the death of a family member to make sure you don’t miss the deadline and lose your right to file a lawsuit.
Don’t let red tape get in the way of recovering for your loved one’s untimely death. Our team of Fort Lauderdale wrongful death lawyers can take care of the paperwork and legwork of your case while you and your family focus on grieving and healing. We can work with the estate representative to get the most out of a wrongful death claim. Learn more – sign up for a free case evaluation and find out if we can help you secure compensation.