Wrongful Death in Florida
Have you lost a loved one due to the recklessness or negligence of someone else? Whether it was a drunk driving incident, a careless surgeon, a dangerous workplace environment, a cavalier daycare worker, or an enraged bully, there is a strong possibility that you may be entitled to significant damages to address the medical issues, emotional devastation, and earnings losses associated with the incident. The mechanism to achieve this goal is a wrongful death lawsuit.
Can You File Suit?
As a surviving spouse or parent of the deceased, you are entitled to file a wrongful death suit. Blood relatives, adopted siblings, and stepchildren who were financially dependent on the deceased are also able to file suit. In some cases—if there is proof that the victim provided substantial financial support– others may file on behalf as the personal representative of the decedent’s estate. To be clear, a single individual will fill on behalf of all other eligible beneficiaries.
Understanding Damages
Losing a loved one can be devastating in a number of ways, not the least of which is financially. Pecuniary damages address financial costs associated with medical and funeral expenses, as well as the cost of services the victim would have provided (such as yard care, childcare, and so forth), lost wages, and the loss of support. In some cases, grief counseling might be covered. Pain and suffering, loss of companionship for spouses, and loss of guidance for minor children, all may be compensated.
No Punitive Damages
In personal injury lawsuits, punitive damages may be awarded when a defendant was especially reckless or the behavior resulting in serious injury was particularly egregious. Aimed at punishing the defendant and deterring such behavior, punitive damages are not usually available to families in wrongful death cases.
Statute of Limitations
It’s important for those wishing to file a wrongful death suit to be aware of the statute of limitations. Generally speaking, a wrongful death suit must be filed within two years of the untimely death. There are , however, a couple of exceptions to this rule:
- If the cause of death was under investigation and was discovered sometime later;
- If the deceased was a minor child at the time of their death.
Your Legal Advocate
Are you considering a wrongful death suit, but are unsure of how to proceed? The compassionate, learned Kissimmee wrongful death attorneys at Salazar & Kelly Law Group offer our condolences. Beyond that, we are committed to achieving the best possible outcomes for you. No amount of money will bring back your loved one, but it can certainly make life a little easier going forward. To discuss your situation, schedule a confidential consultation in our Kissimmee office today.
Source:
leg.state.fl.us/Statutes/index.cfm/Ch0562/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.21.html
