The death of a loved one is one of life’s most traumatic experiences, especially when caused by the wrongful act or negligence of another. At Redondo Law, we want to express sincere sympathy for your loss. Our law firm has worked with grieving family members, and we know first hand just how difficult this experience can be.
Through Florida’s wrongful death laws, there is a system designed to compensate surviving family members if the death was caused by the negligence, recklessness or wrongful act of another. While no amount of money can ever replace a life that has been lost, the law does account for the financial loss that you and your family may have experienced. In this way, the law attempts to put your family back in the same financial position prior to your loss by ordering the person or entity who caused the death to pay you and other survivors damages.
If you believe that your loved one died as a result of someone else’s negligence or wrongful acts, then you should speak with a Miami wrongful death attorney as soon as possible. Although filing a wrongful death lawsuit may be the last thing on your mind, hiring a caring and compassionate wrongful death attorney is the first step to making a financial recovery after your loss. Contact Redondo Law today to learn more about filing a wrongful death claim.
Who Can Sue For Wrongful Death?
To file a wrongful death lawsuit, you must show to the court that you have “standing” to sue. Standing is a legal term that describes a party’s ability to file a lawsuit in court based on their interest in the outcome of the lawsuit. To be allowed to file a lawsuit, you must prove that you have a sufficient connection to the legal matter.
In a case of wrongful death, typically a surviving family member has the standing to file a wrongful death lawsuit. This could include, for example, a spouse, a child or a parent. Exactly who is able to file a lawsuit may vary state by state.
In Florida, the law requires a personal representative of the deceased person’s estate to file a wrongful death claim. This personal representative would be named in the will or estate plan of the deceased. If no one was named as a personal representative, then the court will appoint a personal representative for the purposes of filing a wrongful death claim.
A wrongful death lawsuit filed by a personal representative is filed on behalf of the surviving family members. In fact, every surviving family member with an interest in the outcome of the case must be named in the wrongful death lawsuit.
Surviving family members with standing to sue for wrongful death in Florida include the deceased’s spouse, children, parents and any blood relative who is dependent on the deceased for support or services.
There are other, special rules for children of unmarried parents as well. If the mother of the child dies in a wrongful death incident, then the child may recover damages in a wrongful death lawsuit. However, if the father dies, the child can only recover damages if the father recognized the child as his own and provided financial support.
When Should I File A Wrongful Death Lawsuit?
Just like personal injury cases, there is a limited window of time in which surviving family members can file a wrongful death lawsuit. This window of time is known as the Statute of Limitations.
A Florida wrongful death lawsuit must be filed within two years of the date of the death. However, this date may be delayed under certain circumstances. Regardless, it is important to speak with an experienced Miami wrongful death attorney as soon as possible to preserve your rights to financial recovery.
Why Should I File A Wrongful Death Lawsuit?
We recognize that after the loss of a loved one, going to court and filing a wrongful death lawsuit is likely the last thing on your mind. This is a time for grieving, and we understand that no amount of money can ever adequately compensate you for your losses.
Still, Florida law attempts to provide a way in which you and other surviving family members can seek retribution for your loss. In some instances, the court may also award what is known as punitive damages which are designed to prevent the wrongful actions that caused the death to never happen again.
Under Florida law, damages that surviving family members may be awarded in a wrongful death case include compensation for:
- the value of support and services provided to surviving family members by the deceased;
- the loss of companionship;
- pain and suffering caused by the loss of a child;
- medical expenses and funeral expenses; and
- lost wages, benefits and other earnings that the deceased would have expected to make if he or she had lived.
Every wrongful death case is different, but the law is clear on what surviving family members should be able to recover when their loved ones are taken away too soon. To learn more about your rights to financial recovery in a wrongful death lawsuit, contact a Miami wrongful death attorney today to discuss your case.
Contact A Miami Wrongful Death Attorney Today
Wrongful death claims arise when a death is caused by the negligence or wrongful act of another individual or entity. If you believe that your loved one is the victim of wrongful death, then you should contact a wrongful death attorney to discuss your case. Unfortunately, time is limited and it is important to begin filing a wrongful death lawsuit before the statute of limitations ends.
At Redondo Law, you will speak to a caring and compassionate team of legal professionals who will put your interests ahead of their own. We care deeply about our clients’ success and will do everything we can to answer your questions, listen to your concerns and advocate tirelessly on your behalf. Call our office today at (305) 306-8275 for a free consultation.