Wrongful Death FAQs

Wrongful death in Florida occurs when a person dies as a result of someone else’s negligence. This can include various situations such as car accidents, medical malpractice, or defective products.

A wrongful death attorney can help you navigate the complex legal process of pursuing a wrongful death claim, ensure your rights are protected, gather evidence, negotiate with insurance companies, and seek fair compensation for your losses.

In Florida, the personal representative of the deceased person’s estate is typically the one who files a wrongful death lawsuit on behalf of the surviving family members. A personal representative is established by court order.

Damages that can be recovered vary based on the relationship between the “survivor” and the person who died. These are the damages that may be recovered in a wrongful death case: loss of companionship/pain and suffering; loss of support and services, loss of earnings and net accumulations, medical and funeral expenses, and litigation expenses.

In Florida, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. It’s crucial to consult with a Florida wrongful death attorney as soon as possible to ensure you meet all legal deadlines and preserve your right to seek justice.

The personal representative of the deceased person’s estate has the legal authority to file a wrongful death lawsuit, represent the estate’s interests, gather evidence, negotiate settlements, and distribute any damages awarded according to Florida’s wrongful death laws.

Liability in a Florida wrongful death case is determined by establishing that the defendant’s negligent or wrongful actions caused the death of the victim. This often involves investigating the circumstances surrounding the incident, gathering evidence, and proving negligence.

Yes, you can still pursue a wrongful death claim in Florida even if the deceased had a pre-existing condition. The key is to demonstrate that the defendant’s actions or negligence contributed to or exacerbated the pre-existing condition, leading to the death of the victim.

Not necessarily. Many wrongful death cases in Florida are resolved through out-of-court settlements negotiated between the parties. However, if a fair settlement cannot be reached, your case may proceed to trial, where a judge and jury will help determine the outcome.

To schedule a consultation with a Florida wrongful death attorney, you can call or contact us online. During the consultation, we will discuss the details of your case, answer your questions, and provide guidance on the best course of action to pursue compensation for your losses.