Navigating a Wrongful Death Case in Florida
In Florida, we often hear about cases related to wrongful death claims. Wrongful death in Florida is a situation where the negligence, wrongdoing, or default of a party causes another person’s death. The loss that is suffered by the family members of the deceased forms the basis of their legal claim.
At Cernitz Law, we help our clients navigate the complexities of wrongful death cases in Florida, and personal injury claims. For more information, call our team at 305-370-3255.
Understanding Florida’s Wrongful Death Act
Florida’s Wrongful Death Act is a comprehensive piece of legislation that lays down the protocol for filing wrongful death lawsuits. It specifies who may file a lawsuit, what damages can be claimed, and how to initiate and pursue the claim.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law, the decedent’s personal representative is responsible for filing a wrongful death claim. The personal representative may be named in the deceased person’s will or estate plan. If no such person is named, the court appoints a personal representative. While the claim is filed by this representative, it is done so on behalf of the deceased person’s estate and any survivors.
What Happens During a Wrongful Death Lawsuit?
The wrongful death claim follows similar steps as other civil lawsuits. It begins with filing a complaint by the personal representative detailing a valid legal claim against the defendant(s). Upon receiving this complaint, defendants may respond before trial proceedings begin.
Recoverable Damages in a Florida Wrongful Death Case
Damages recoverable often depend on factors like who has survived the decedent and what losses those survivors have suffered. Damages may include medical or funeral expenses, loss of companionship and protection, mental pain and suffering among others.
Proving Fault in a Wrongful Death Claim
To succeed in a wrongful death lawsuit, one has to prove that the defendant was at fault. This generally requires showing that they were negligent and that their negligence led to the deceased’s death.
Statute of Limitations for Florida Wrongful Death Claims
Florida law provides a limited window in which a wrongful death claim can be brought to court. The general rule is that a wrongful death lawsuit must be filed within two years of the date of death.
The Role of a Wrongful Death Lawyer
Hiring a knowledgeable wrongful death attorney is fundamental to efficiently traverse the complicated legal landscape associated with wrongful death cases. Proficient legal counsel can help interpret laws, conduct negotiations, handle paperwork and lead the case through court if necessary.
Insurance and Wrongful Death Claims in Florida
Aside from the perspective of legal procedures, insurance related intricacies also need adept handling in wrongful death claims. Understanding policy details, state regulations and handling interactions with insurance companies requires detailed attention. To sum up, moving forward with a wrongful death claim in Florida involves navigating complex decisions from choosing a competent legal representative to understanding claim details. However, equipped with the right legal assistance, it’s possible to ensure that justice is served and that the surviving family receives the compensation they justly deserve.
Finding a Wrongful Death Attorney in Florida
Hiring a seasoned wrongful death attorney in Florida can help you achieve maximum compensation for your loved one.
Our team has years of experience helping clients win cases throughout South Florida. For your free consultation, call Cernitz Law today at 305-370-3255.