Answering Common Questions About Wrongful Death

If you’ve lost a loved one due to someone else’s negligence, you may be eligible for a wrongful death claim. It’s natural to have questions in this stressful and devastating situation. At The Pelham Law Firm, we can provide you with some answers, so you feel confident in moving forward with a claim.

What is a wrongful death claim?

A wrongful death claim allows you to seek compensation when someone dies due to the negligence or misconduct of another. This type of claim provides financial compensation to the deceased person’s survivors, such as family members, for their losses.

In Florida, the claim must be filed by the personal representative of the deceased person’s estate. The damages awarded will benefit the surviving family members.

Who can file a wrongful death lawsuit in Florida?

In Florida, the personal representative of the decedent’s estate files the wrongful death lawsuit. This representative is usually named in the decedent’s will or estate plan.

If no representative is named, the court will appoint one. The lawsuit is filed on behalf of the deceased person’s estate and surviving family members, such as a spouse, children, parents and other dependents.

What types of damages can be recovered in a wrongful death case?

There are two main types of damages you can receive in a wrongful death claim:

• Economic damages: These include medical and funeral expenses, loss of the deceased’s income and loss of benefits, such as health insurance.
• Noneconomic damages: These include pain and suffering, loss of companionship, and emotional distress experienced by the survivors.

How long do I have to file a wrongful death lawsuit in Florida?

In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the death.

There are some exceptions that might extend or shorten this time frame, so it is essential to consult with an attorney as soon as possible to ensure you do not miss the deadline.

What must be proven to win a wrongful death case?

To win a wrongful death case, you must prove that the other party’s negligent or intentional actions directly caused the death of your loved one.

You must also demonstrate that the surviving family members have suffered damages as a result of the death. This usually requires evidence such as medical records, witness testimony and expert opinions.

How is the compensation distributed among family members?

The compensation awarded in a wrongful death lawsuit is typically distributed based on the relationship of each family member to the deceased and their level of dependency.

The court will consider various factors, including the financial and emotional support the deceased provided to each family member, to determine the appropriate distribution of the damages.

Do I need a lawyer to file a wrongful death claim?

While it is possible to file a wrongful death claim without a lawyer, it is highly advisable to seek legal representation. Wrongful death cases can be complex and require a thorough understanding of the law, as well as the ability to gather and present evidence effectively.

An experienced wrongful death attorney can help navigate the legal process, negotiate with insurance companies and advocate for the maximum compensation on your behalf.

Schedule A Free Consultation Today

If you’ve lost a loved one, you deserve to seek justice. While a wrongful death claim won’t bring them back, it can help you hold the other party responsible and ease the financial burden that often comes with a loss.

We understand how difficult this time can be and will carefully assess your claim. Call today at 850-702-0781 for more information or send an email at your convenience.