Florida Wrongful Death Statute

When a family member is lost to an accident, you're already dealing with the grief and pain that comes with that loss. But when a family member dies in a preventable accident, or one that someone else intended to cause, your family deserves justice.

Losing a family member for any reason puts an emotional and financial strain on your family, and that can be difficult to recover from. In these cases, you may need to file a wrongful death claim to recover compensation, but the Florida wrongful death statute can be confusing if you're not familiar with the laws that will affect your case.

A lawyer from Lopez & Humphries, PA can help. Our attorneys will guide you through your claim and make sure you and your family get the help you need.

Time Limits

First, keep in mind that you'll only have a limited time to file. Every claim type has a statute of limitations, and if you pass this limit, you'll be unable to recover compensation for your damages. If your loved one was the main source of income for you and your family, this could leave you without the support you need.

In Florida, you'll only have two years to file your wrongful death claim and get your case started.

Filing a Wrongful Death Claim in Florida

Before you get started on your claim, you'll need to review Florida's wrongful death law to make sure you take the right steps to get your family's compensation. Even determining who has a right to compensation and who is responsible for seeking it can be confusing.

First, keep in mind that your wrongful death claim must be filed by a personal representative of the estate—not just any family member. But this doesn't mean that you and your family members will be unable to receive compensation.

Instead, the personal representative files the claim on behalf of the family and estate. If you're a family member who could receive damages for your losses, especially if you were a dependent of the deceased, you should be listed in this claim. The personal representative can sue on behalf of the family for the following damages:

  • Medical expenses related to the accident
  • Funeral expenses
  • Loss of support
  • Loss of companionship and guidance
  • Mental and emotional pain

Call a Lakeland Wrongful Death Lawyer

Losing a loved one is something no one wants to go through, but in some cases, the situation is worse than simply losing the person. You might have also lost your loved one because someone else was careless.

When someone else causes your loved one's death, fighting back through a wrongful death claim can be difficult. You'll need to follow Florida’s wrongful death statute, and that can be hard if you're not familiar with the law. Sadly, that could mean losing your chance for fair compensation.

Instead of risking your compensation, contact a lawyer from Lopez & Humphries, PA for a free case review. We'll guide you through your case and work to ensure you get the compensation your family deserves. For more information, contact us by calling 863-709-8500 or by completing the form below.