Losing a loved one is one of the hardest things a person can go through, and it can be even more challenging if their death was caused by someone else’s actions or negligence. In Florida, wrongful death claims are a way for families to seek justice and financial support after such a loss. The purpose of this type of claim is to hold the responsible party accountable and help families deal with the financial hardships that follow a tragic death.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
Wrongful death claims can be complex and involve many details. Knowing the basics about these cases can make the process easier to understand and help families know what to expect. In Florida, wrongful death cases are handled under state laws that determine who can file a claim, what kind of compensation may be available, and the time limits for taking legal action. At, Victory Law Firm P.A., we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal case filed by the family of someone who has died due to another person’s wrongful actions. In Florida, wrongful death claims can arise in a variety of situations, including car accidents, medical errors, workplace accidents, and even dangerous property conditions. When someone else’s negligence or intentional actions cause a person’s death, their family members have the right to seek compensation through a wrongful death claim.
In a wrongful death case, the goal is to show that the person’s death would not have happened if not for the other person’s wrongful actions. This means the responsible party did something or failed to do something that led to the accident or situation where the person lost their life. Proving this connection is a key part of the claim.
Who Can File a Wrongful Death Claim in Florida?
In Florida, not just anyone can file a wrongful death claim. The state’s laws limit the people who can bring such a claim to certain family members. Generally, only close family members, like the spouse, children, and sometimes parents, are allowed to file a wrongful death lawsuit. In some cases, other family members who depended on the deceased person for support might be able to file a claim too.
The court usually appoints a representative for the deceased person’s estate to file the wrongful death claim on behalf of all eligible family members. This representative is often a family member but can also be someone else designated by the court. The representative’s role is to make sure that the interests of all eligible family members are included in the case, ensuring that any compensation awarded is fairly distributed.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars” - Yari Yes Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful." - Llubikza Kairuz Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him." - Patrick Dollar
What Needs to Be Proven in a Wrongful Death Case?
To succeed in a wrongful death claim in Florida, certain things need to be proven. First, it must be shown that the responsible party had a duty of care toward the person who passed away. A duty of care means that the responsible party was supposed to act in a way that would keep others safe, like following traffic laws or providing safe conditions at a business. Second, it must be proven that this duty was breached, meaning the responsible party did not act with care and caution.
Next, it must be shown that this breach of duty led directly to the person’s death. This step is important because it connects the wrongful action or negligence of the responsible party to the fatal outcome. Finally, it must be demonstrated that the family members suffered damages due to the loss of their loved one. These damages can be both financial and emotional, and they are a big part of what the family can claim in the wrongful death case.
Types of Damages Available in Wrongful Death Claims
Families affected by wrongful death may be eligible to receive different types of damages as compensation for their loss. In Florida, these damages are divided into two main types: economic damages and non-economic damages.
Economic damages cover the financial losses that come from the death of a loved one. These may include medical bills related to the accident, funeral and burial costs, and the loss of income or financial support the deceased person provided to their family. In cases where the deceased person was the primary earner, the loss of income can be significant and leave the family struggling to manage financially.
Non-economic damages, on the other hand, cover the emotional losses the family experiences. This includes the pain and suffering of losing a loved one, the loss of companionship, and the loss of guidance and care the deceased person would have provided. Non-economic damages can be harder to measure because they involve the emotional and personal effects of the loss, but they are a crucial part of a wrongful death claim.
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Time Limits for Filing a Wrongful Death Claim in Florida
In Florida, there is a specific time limit, known as the statute of limitations, for filing a wrongful death claim. This time limit is generally two years from the date of the person’s death. Filing within this time frame is very important, as missing the deadline can mean losing the right to seek compensation through a wrongful death claim.
There can be exceptions to this two-year limit in certain cases, such as when the wrongful death is due to certain criminal acts or cases involving defective products. However, these situations are rare, and it’s essential for families to begin the claim process as soon as possible to avoid missing any deadlines. Starting early can also help the family gather the necessary evidence and documentation to support their claim.
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How Fault Is Determined in Wrongful Death Cases
In a wrongful death case, one of the most important steps is determining who is at fault for the person’s death. Fault is usually assigned to the person or entity whose wrongful actions caused the fatal incident. This can be another driver, a company, a property owner, or even a healthcare provider, depending on the circumstances of the case.
In some wrongful death cases, multiple parties may be found at fault. For example, if a car accident involved more than one negligent driver, each driver’s level of responsibility may be assessed and factored into the compensation. The court may look at the actions of each party involved to decide who was responsible and to what degree. This is called comparative fault, where each party’s level of responsibility impacts the damages awarded.
The Role of Legal Representation in Wrongful Death Claims
Handling a wrongful death case without legal guidance can be overwhelming for grieving families. Florida’s wrongful death laws can be complex, and gathering the right evidence, filing paperwork, and meeting deadlines requires careful attention. This is why families often turn to legal representation to help them with their claim. Having legal support ensures that the family’s rights are protected and that they can focus on healing while a legal representative manages the claim.
Legal representation can help with investigating the case, speaking with witnesses, collecting important documents, and building a strong case. By working with a legal professional, families have a better chance of successfully navigating the process and securing the compensation they need to support their future.
Steps to Take After a Loved One’s Wrongful Death
After losing a loved one due to someone else’s actions, families may feel unsure about what to do next. In Florida, the steps a family takes following a wrongful death can affect the outcome of their claim. Seeking medical records, obtaining accident reports, and gathering any other relevant documents related to the incident can be essential for building a wrongful death case.
In many cases, families may not be aware of all the details surrounding the incident that caused the death. Speaking with witnesses, taking photos of any visible evidence, and preserving any documents related to the case can help establish the facts. Additionally, seeking the advice of legal representation early in the process can help families understand their rights and options and provide them with the support they need to move forward.
Getting Justice for Your Loved One
Losing a family member due to another person’s wrongful actions is painful and overwhelming. In Florida, wrongful death claims offer families a way to seek justice and hold those responsible accountable for their actions. A successful wrongful death claim can provide the family with the financial support they need to manage expenses and recover from the loss. Though no amount of money can replace a loved one, this compensation can help ease the financial burden and allow the family to focus on healing.
If you have lost a loved one and believe their death was caused by someone else’s negligence or wrongdoing, it may be time to explore your options. Taking action can not only provide your family with closure but also serve as a way to prevent similar incidents from happening to others.
If you are considering filing a wrongful death claim in Florida, Victory Law Firm P.A. is here to help. Our team understands the difficulties families face in these situations and is dedicated to supporting you every step of the way. With guidance from Victory Law Firm P.A., you can pursue justice for your loved one and obtain the compensation you deserve. Reach out today to discuss your case and learn how we can help you navigate this challenging process.