When someone loses their life as a result of the negligence of another, the personal representative of the estate brings the claim on behalf of the survivors of the deceased.
A wrongful death lawsuit can be brought for death that was caused by medical malpractice, automobile accidents, negligent security, and mostly all other types of negligent conduct. If a family member has passed away as a result of someone else’s negligence, we will help you recover for:
- Mental pain and suffering
- Loss of support and services
- Loss of companionship and consortium
- Loss of financial support or loss of earnings
- Medical bills
- Funeral costs
If you believe that you know someone or have a family member who may have died due to the negligence of another person, professional or business please call us. The time frame in which to file a wrongful death lawsuit is limited and you need to begin your investigation as soon as possible.
What Is A Wrongful Death Lawsuit?
Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the decedent may bring a civil lawsuit seeking a legal remedy for that death and any losses suffered as a result of that death. There is a wide range of causes for a wrongful death lawsuit such as medical malpractice or automobile accidents
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law requires a personal representative to file the wrongful death complaint. This is typically a close relative of the victim, usually someone who is named in the decedent’s will or estate plan. The personal representative is the one responsible for bringing the wrongful death lawsuit on behalf of the estate and any survivors. A wrongful death lawsuit must list every survivor who has an interest in the case. In Florida, the family members who can recover damages in a wrongful death claim include:
- the deceased person’s spouse, children, and parents, and
- any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services.”
Time Limits for Filing a Wrongful Death Lawsuit
Florida law defines a statute of limitations for filing a wrongful death lawsuit. This statute sets a time limit of two years in which a surviving spouse, family member, or other dependent can bring a civil action for damages. That is, a civil suit must be initiated within two years after the death occurs.
Hiring an experienced attorney to handle the case allows you to free up your thoughts so you can properly go through your grieving process. Raposo and Lukacs has the experience and resources to handle wrongful death cases. Our team will keep you up to date as your case progresses. Wrongful death cases are complex and require intense research and investigation.
If you have a family member that has died due to a wrongful death situation you should contact the experienced wrongful death lawyers at Raposo & Lukacs immediately for further assistance.