Wrongful Death

wrongful death

A wrongful death claim is a lawsuit brought on behalf of the deceased whose death was caused by another’s recklessness, negligence, or criminal intent. Since the deceased is unable to bring forth their own claims, certain family members are able to file a lawsuit for damages against the liable party that caused their loved one’s death. The liable party could be an individual or entity, including a manufacturer, hospital, hotel, or any other corporation.

What are some of the damages that can be recovered in a wrongful death claim?

After a loved one has been killed in a wrongful death accident, you may be wondering how you will pay the bills. In Florida, it is possible to recover the following forms of compensation as a result of the wrongful death of a loved one:

  • Lost support and services
  • Funeral expenses
  • Medical bills incurred due to the Decedent’s injury or death
  • Lost wages
  • Future lost wages
  • Lost companionship and protection
  • Loss of parental companionship, instruction, and guidance
  • Pain and suffering, including the mental anguish of losing the loved one

Who can file a wrongful death claim?

According to the Florida Wrongful Death Act (768.16 Wrongful Death Act.–Sections 768.16-768.26), the following are “survivors” and may be able to recover some, or all, of the damages listed above:

  • The decedent’s spouse
  • The decedent’s children
  • The decedent’s parents
  • Dependents who relied on the decedent for support
  • Blood relatives
  • Adopted siblings 

What is the statute of limitations in a wrongful death claim?

A statute of limitations is the period of time from the date of death, within which a decedent’s “survivors” may file a claim for the wrongful death. In the state of Florida, the statute of limitations for wrongful death is two years from the date of death.

What is the difference between civil and criminal cases?

Although there may be a criminal case filed against the defendant, a wrongful death case is a civil case where the defendant may be required to pay damages to the victim’s family. If a crime has been committed, then usually, the individual or entity is charged. Call Lopez Roca Attorneys to schedule your consultation so that we can explain the differences in these types of cases and how those differences relate specifically to your circumstances.

Why Lopez Roca Attorneys

We work compassionately and yet aggressively on behalf of our grieving clients and guide them through one of the toughest periods of their lives. We pay special attention to each of our cases and communicate regularly with all of our clients. We are relentless in our pursuit to obtain justice for the families and loved ones who have suffered a loss due to a wrongful death. 

We offer free consultations, so give us a call today to schedule yours. We encourage you to bring to the consultation any documents you have, such as medical bills, medical records, photos of the decedent’s injuries or condition, and any other pertinent information. Let us help you discover more about what your options are.

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