Losing a loved one due to someone else’s negligence or wrongful act is a devastating experience. In Florida, there’s a law that lets families receive money if someone’s death was someone else’s fault. This article explains how that works. Families need to know their rights and the steps to take. The process might seem scary, but families can handle it better with the correct information and support. The following information is meant to help families know what to expect during wrongful death cases and how to prepare for the elements involved in the legal process.
Understanding Wrongful Death Claims
A wrongful death claim in Florida is a civil lawsuit that can be filed when someone’s death has been caused by negligence, breach of contract, or wrongful act of another person or entity. This legal action is distinct from criminal charges and is pursued in civil court. The primary purpose is to provide financial compensation to the survivors and the deceased’s estate for losses related to the death.
Who Can File a Claim?
Under Florida law, the right to file a wrongful death claim is limited to specific individuals. The personal representative of the deceased’s estate, often named in the will or appointed by the court, files the lawsuit on behalf of the deceased’s survivors. These survivors typically include the deceased’s partner, children, and sometimes even the parents, as well as any relative or adoptive sibling who is partly or wholly dependent on the deceased for support.
Types of Damages Recoverable
The damages in a wrongful death case can vary but generally include both economic and non-economic damages. Economic damages cover the financial contributions the deceased would have provided, such as lost wages and benefits and medical and funeral expenses. Non-economic damages compensate for intangible losses, such as emotional distress, pain and suffering, loss of companionship. In some cases, punitive damages may also be given to punish the offender and prevent similar negligent or intentional acts in the future.
The Settlement Process
Reaching a wrongful death settlement in Florida typically begins with the personal representative gathering evidence to support the claim. This includes medical records, witness statements, and expert testimony. The attorney for the deceased’s estate will then negotiate with the defendant’s insurance company to settle. If a settlement cannot be agreed upon, the case may go to trial, where a jury will determine the amount of compensation the family should receive.
What to Expect in Terms of Timeline
The duration of a wrongful death lawsuit in Florida can vary widely depending on the case’s complexity and the parties’ cooperation. Settlements can be reached relatively quickly if the evidence is clear, and the insurer cooperates. However, it could take years to conclude if the case goes to trial. During this time, families should prepare for an emotional and possibly prolonged legal process.
Losing a loved one unexpectedly leaves a void that no amount of money can fill. When a wrongful death happens in Florida, it’s tough on the family left behind. They have to go through many legal steps to get a settlement. This means collecting proof and maybe going through long talks or a trial. It’s all to help with the money troubles caused by losing someone. Handling a wrongful death claim while grieving is incredibly challenging.
Therefore, families should seek the assistance of an experienced wrongful death attorney. Obtaining help from a lawyer who knows a lot about wrongful death cases can make a big difference. They can guide you through the challenging parts of the case. They fight for what the person who passed away and their family deserve. Understanding wrongful death settlements helps families know what to expect. It lets them get ready for what’s coming. While they focus on healing, their lawyer takes care of the complex parts of the case.
