Filing a Wrongful Death Claim in Florida
Losing a loved one is never easy, but it can be especially difficult when their death was the cause of someone else’s negligence or recklessness. While no amount of money can ever truly make up for the loss of a loved one, a wrongful death claim can help families to cope with the financial burdens that often accompany such a tragedy.
In order to file a wrongful death claim in Florida, you will need to understand the state’s laws and what evidence is necessary to prove your case. In this article, we will explain how to file a wrongful death lawsuit in Florida and provide some tips on how to strengthen your case.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action that may be brought against someone who has caused the death of another person due to negligence or intentional harm. Families who have lost a loved one may file a wrongful death claim in order to seek compensation for their loss.
Damages that may be awarded in a successful wrongful death claim include medical and funeral expenses, loss of earnings, and pain and suffering. In some cases, punitive damages may also be awarded in order to punish the negligent party and deter others from similar behavior in the future.
Who Can File a Wrongful Death Claim in Florida?
In the state of Florida, a wrongful death claim can be filed on behalf of the surviving spouse, children of the decedent in certain circumstances, or parents of the deceased if there is no surviving spouse or children, or if the decedent was a minor. If there are no surviving family members, then a personal representative may file the claim on behalf of the estate.
What Evidence Will I Need to Prove a Wrongful Death Lawsuit in Florida
The claimant at trial will have the burden of establishing that the death was caused by the negligence or intentional actions of another person. This can be done through eyewitness accounts, video footage, medical records, or other documentation.
Once it has been established that the death was caused by another person’s actions, the claimant must then show that they are entitled to economic and non-economic damages. To seek economic damages typically requires demonstrating that the survivor was financially dependent on the deceased and that their death has resulted in financial hardship for the survivor(s). Non-economic damages – or pain and suffering damages – are potentially available to any survivor regardless of financial hardship once the loss has been established.
If successful, the claimant may be awarded damages for loss of support and services, loss of income, funeral and medical expenses, loss of companionship, and other damages as listed in statute.
How to File a Wrongful Death Claim in Florida
Florida law establishes the time frame in which a wrongful death claim can be filed. If you have lost a loved one due to someone else’s negligence, you should speak with Florida wrongful death attorneys immediately to discuss your legal options. In order to file a wrongful death claim in Florida, counsel for the surviving spouse, child, or parent of the deceased must file a complaint with the circuit court once an estate has been opened and a personal representative appointed. The complaint must state the relationship of the survivors to the deceased, as well as how the circumstances of the death, as well as the damages requested.
A Gainesville Law Firm You Can Trust
Filing a wrongful death claim may seem overwhelming, but it doesn’t have to be. The key is finding a wrongful death attorney who can help you through the process. At Avera & Smith, we are dedicated to doing just that.
Our attorneys have the knowledge and experience to give your wrongful death claim all of the time and attention it deserves. Contact us today to schedule a free consultation to learn more about our services.