A Wrongful Death is the taking of the life of a person resulting from the willful or negligent act of another. It can be the act of a single person or of a corporation. It could have been a result of medical negligence, a traumatic event such as a car accident or a number of different circumstances. Most certainly, the loss of your loved one was unexpected. The law provides for the compensation of the survivors when a death occurs under negligent circumstances. Unlike a criminal case, this type of claim is much like a personal injury case where the compensation to the survivors are awarded in terms of financial damages.
The Personal Representative of the Estate of the deceased is required to bring any claims and they must assure that the interests of each survivor is protected. The Personal Representative is frequently a spouse, parent or child of the deceased. Florida Statutes clearly define who is a survivor in a wrongful death action. Medical and funeral expenses are also recoverable by the Estate or the survivor who is obligated to pay them.
In Florida, the statute of limitations for most wrongful death lawsuits is two years from the date of the person’s death. The Personal Representative may lose the right to file at all if they miss this sensitive deadline. However, these types of cases are complicated and should be reviewed with an attorney as soon as you suspect that a negligence act may have been the cause of death.
The loss of a loved one is a time surrounded by uncertainty and grief for families. An experienced attorney will understand the unusual issues in making a claim for a wrongful death and will properly guide you through this process.
Call us at (407) 598-6035 for assistance with your claim.
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You should expect the attorney and their staff to be sensitive to your particular emotional state. This does not mean that the attorney or their staff should express condolences repeatedly during every, conversation (because that may tend to worsen your grief or sadness), but it does mean that the attorney should generally to do the following:
Keep the interviews and questioning to the essentials needed at that particular time.
Avoid assigning unpleasant tasks (such as searching for photographs) to you during your time of deepest sorrow.
Provide assistance in making related claims (such as life insurance claims) if necessary.
Provide you with a general overview of the anticipated steps that will be taken in properly investigating or making the claim on behalf of the survivors.
