Under Florida law, a wrongful death claim must be initiated by the personal representative for the deceased person’s estate. The personal representative may be a family member, friend, or professional executor named in the decedent’s will, or may be someone appointed by the court. A personal representative who files a wrongful death claim does so on behalf of all surviving family members with an interest in the lawsuit, including (as applicable) the decedent’s spouse, children, and parents. It is possible that other family members may be eligible for damages as well, in certain cases.
Wrongful Death
Florida Wrongful Death Attorneys
Dealing with the Loss of a Loved One
The loss of a loved one is always tragic, particularly when the loss is due to the negligence of another person or business entity.
If you lost a loved one in a car accident, bicycle accident, truck accident, motorcycle accident, workplace accident, or because of a dangerous product, it is vital to hire an experienced wrongful death law firm that can evaluate a potential wrongful death claim and seek fair compensation for you and your family.
The team at Scott Marshall Injury Attorneys, the wrongful death attorneys Florida victims’ families trust, has the experience to help.
Personalized Service.Experienced Representation.
Accidental death attorneys Scott Marshall has over two decades of collective experience handling wrongful death cases for families throughout South Florida communities. They take pride in getting to know each client to find out what’s important to them and what they wish to accomplish with their suit.
Although many clients choose to settle out of court, Scott is seasoned trial attorney and is always ready to take your case before a judge and jury if necessary.
Types Of Cases
Wrongful death actions can arise out of many situations where someone else’s negligence or bad actions lead to a person’s death. Examples of cases we handle include but are not limited to:
- Motor vehicle crashes, including bicycle and pedestrian accidents
- Medical malpractice from doctors, clinics, or pharmacies
- Workplace accidents and injuries
- Defective products, such as a defective auto part or dangerous prescription drug
- Property injuries, including slip and falls and falling objects
Florida’sWrongful Death Claim Process
Before anyone can file a wrongful death claim in Florida, the decedent’s estate must first be opened. If that individual executed a will, that document will likely name the person who will act as the personal representative, or decision-maker, of his or her estate who will take charge in the wrongful death action. If the deceased had no will, typically the court will appoint a spouse or other close next of kin to be the personal representative of the estate.
What You Need To Prove In AFlorida Wrongful Death Claim
In order to prevail in a wrongful death lawsuit in Florida, victims’ loved ones must be able to prove certain elements:
Duty of care. First, to be liable in a wrongful death action, the responsible party must have owed the victim a duty of care. This means that the defendant should have acted in a certain way under the circumstances. For example, medical professionals owe duties of care to their patients to treat them with competence. Property owners owe visitors a duty of care to maintain safe premises.
Breach. The next required element is that the responsible party must have breached their duty of care. For example, every time a motorist gets behind the wheel of a car, they owe a duty of care to other drivers and pedestrians. If a motorist drives recklessly, they are breaching their duty of care.
Causation. Finally, a victim’s loved one must be able to show, through evidence, that the responsible party’s breach of their duty of care resulted in the death of their loved one. The breach of care must be both a direct cause and a proximate cause of the victim’s death.
When you consult with a law firm for wrongful death about your loved one’s accident, your attorney will work to understand the facts and circumstances of the incident. If your lawyer believes each of these required elements can be proven, evidence will be gathered to support your claim for damages.
Timeframe To File AWrongful Death Lawsuit In Florida
If you are considering filing a wrongful death claim, don’t wait to take action. In Florida, survivors have 2 years from the date of death (called the statute of limitations period) to bring suit. Pursuing your case sooner than later also ensures evidence of the accident is preserved and a proper investigation is conducted for your loved one.
Wrongful death lawyers Scott has extensive knowledge of handling these cases. They have helped others in similar circumstances. They can help you.
FAQ
Q.Who can file a wrongful death lawsuit in Florida?
Q.What damages are awarded in a wrongful death lawsuit?
Wrongful death settlements and damages awarded by courts are designed to help compensate the deceased person’s surviving family members for their loss. Damages generally include economic damages, designed to pay for things such as medical care, final expenses, and the loss of the decedent’s future earnings, and non-economic damages designed to compensate victims’ loved ones for pain and suffering. In certain situations, victims’ loved ones may also be entitled to punitive damages, which are additional damages designed to punish the responsible party for their actions (or inactions.) Your accidental death lawyers will help you understand what damages might be available to you based on the facts and circumstances of your situation.
Ready to get the representation you deserve?
Contact us for a free consultation.
