In this day and age it seems as if there are a number of dangers lurking around every corner. A car accidents, a minor surgical procedure, or someone else's negligence or criminal behavior can drastically change our lives in an instant. When you lose someone you love because of someone else’s negligence, no amount of money in the world can fix it. However, the purpose of a claim under the Florida Wrongful Death Act is to ensure that the victim’s surviving family members do not suffer financially from the loss of a loved one.
Survivors under the Florida Wrongful Death Act must still prove that the negligence or intentional behavior of another person or entity caused their loved one to lose his or her life. The proof of liability or responsibility in a Wrongful Death claim is often similar or identical to the proof necessary for a personal injury claim. However, the damages available under the Florida Wrongful Death claim are very different.
Money Damages Under The Florida Wrongful Death Act
Under the Florida Wrongful Death Act, the Estate of the deceased person can recover the net accumulations that that decedent likely would have earned and saved during his or her lifetime, as well as compensation for medical and funeral expenses. In addition, blood relatives or adopted children who relied upon the decedent for support and services cannot also recover the value of those lost support and services.
The Florida Wrongful Death Act does provide certain limitations on which family members can assert claims for the emotional pain and suffering attached to losing a loved one. This can often be somewhat confusing, and many family members have complained to us that they believe that this aspect of the law is unfair. We tend to agree, but are confined by what the law says.
Wrongful Death Claims Need To Be Brought Within Two (2) Years
It is important for every family member to know that Wrongful Death claims need to be brought within two years of the date of death. This is a significant departure from a typical personal injury claim, so loved ones should treat Wrongful Death claims as urgent.
Many common causes of wrongful deaths include vehicle accidents, medical malpractice, occupational hazards, criminal actions, daycare and school activities, products liability, and nursing home and assisted living abuse and neglect. These are the common causes for wrongful death lawsuits; however, there are a variety of negligent actions that can cause someone’s death. We are familiar with the process and know how to prove a wrongful death lawsuit in a variety of different cases.
Many people worry about the expenses associated with pursuing a Wrongful Death lawsuit in Florida. The law firm of Cullen & Hemphill, PLC, handles all Wrongful Death claims on a contingency fee basis. We do not charge our clients for anything unless we win.
Wrongful Death claims can often be complex. Because the Statute of Limitations is so short, these cases tend to move very quickly. It is important to know and understand your legal rights from the very beginning. We believe that educated clients make the very best decisions regarding their cases. If you have questions about a potential Florida Wrongful Death claim, reach out to us. We love to answer questions. In a time of great loss, we are happy to take the burdens off of grieving families so that they can focus on healing and recovery.