Filing a Wrongful Death Claim

Answer:

When we have a family member come in and we’re talking about the passing of a loved one as the result of negligence from another party, we try to explain to them that these are different. The loss of a loved one is different than an auto accident. For example, we were just speaking to a client not so long ago who came in and they lost a loved one as a result of a large trucking accident. A commercial motor vehicle had acted in negligent manner which resulted in the loss of life of my client’s loved one. That’s different than when you have the loved one who has not passed but is simply in a car accident. Maybe they sustained certain injuries but they have not passed away. When we’re talking about a wrongful death, things change drastically. In Florida, there are different sets of laws and regulations that apply to a wrongful death claim.

For example, there is actually a different statute of limitations that apply to filing a wrongful death claim, which is different than the statute of limitations that applies to filing a regular auto accident claim. Depending on these two types of statute of limitations, it could affect your case. Our recommendation is if you have experienced the loss of a loved one, please make sure that you speak to an attorney and let them know what’s going on. They can answer any questions you might have because if the statute of limitations applies to the wrongful death case, then that could mean that your case could be barred if it’s not brought within a certain period of time. It’s always important to consult with an attorney that is knowledgeable in wrongful death cases and make sure you do it as soon as you possibly can, at least to answer some questions that you might have and guide you through the process.

Another way that wrongful death cases are different is that there are only certain people or parties that are able to recover from the loss of a loved one. Unfortunately, that’s the way it is in Florida but the laws of this state have to be followed in this situation. Each wrongful death case is unique in the sense that if it’s the loss of a parent as opposed to the loss of a daughter, that could affect who can recover and who cannot recover. In those cases, you have to look at the specific details, you have to look at several factors that will affect the outcome on whether or not you may or may not even have a wrongful death case. It’s always best to consult with an attorney that is experienced in those types of cases so that they can guide you. They can answer these questions that you might have after such a situation. That way they can ensure that you have the best possible recovery and answer any questions that you might have. If you need any other assistance or guidance in a wrongful death case, don’t hesitate to contact our office.