Speak With An Orlando FL Personal Injury Attorney
When negligence or the wrongful act of one party results in the death of a person, their surviving heirs may be entitled to bring a wrongful death claim against those responsible. This is a civil lawsuit based on the laws of the state of Florida. Payer Law Group knows how to help you deal with all the requirements covering the proper legal handling of a wrongful death lawsuit in the Florida court system. Our Orlando FL Personal Injury Attorney is versed in all of the various tactics to utilize to help your case.
An Orlando Personal Injury Attorney will know about the Florida Wrongful Death Act—Sections 768.16-768.26. This covers who qualifies as a survivor in a wrongful death. It includes the decedent’s spouse, children, and parents. It could also involve individuals who were partially or completely dependent on the decedent for support of services. This could be other blood relatives as well as adoptive brothers, sisters and more. It could also include common law marriages, children born out of wedlock, children born shortly after a person dies, illegitimate children, financially dependent parents, grandparents and more.
Statute Of Limitations
An Orlando FL Personal Injury Attorney knows Florida law sets a time limit concerning filing a wrongful death claim. This is common in all states and is known as the statute of limitations. In the state of Florida, you will have two years from the date of the incident that caused a person’s death to file a wrongful death claim. There are certain exceptions within the statute of limitations which make it possible to postpone this date.
Exceptions To Statute Of Limitations
In the case of medical malpractice, you will have four years from the time the medical problem was discovered in the decedent or should have been discovered. It is also possible for a defendant in a wrongful death lawsuit to pass away during the trial. In this situation, the plaintiff has to file a motion in court to change the defendant in the lawsuit to a personal representative of the defendant’s estate. This must be done within 90 days from the date of the defendant’s death.
If you are an established surviving family member, you may receive various amounts of monetary compensation. You may be awarded the value of support and services provided to you by the deceased individual. The medical or funeral expenses paid for by the surviving family members for the victim of the wrongful death may be compensated. You could also be awarded compensation for loss of guidance, protection as well as companionship provided them by the deceased. You may also be given compensation for mental as well as emotional pain and suffering resulting from the loss of a child and more. A deceased individual’s estate is also able to recover for specific kinds of damages. This includes things such as lost wages, loss of future earnings, the perspective net accumulation of a deceased individual’s financial estate should they have lived.
These are damages that are not intended to compensate a plaintiff for their loss. These monetary payments are to punish a defendant. This happens when a defendant’s negligence is directly responsible for an individual’s death. This could involve a lack of care for human life or safety. It also involves gross recklessness and carelessness. This has a high legal standard for a plaintiff to meet.
Pursuing a wrongful death lawsuit can be complicated. Florida residents should speak with the Payer Law Group. They have the knowledge and experience necessary to provide the desired outcome when a loved one is the victim of a wrongful death.