Losing a loved one creates an emotional and financial strain, especially when that person provides for the family. Legal action may help with expenses, lost income, and other financial concerns. Filing a wrongful death claim may provide compensation for these losses.
At McPherson & Thomas, P.A., our team handles wrongful death claims with experience and commitment. Our attorneys work to help families secure the compensation they need to move forward.
Wrongful Death Laws in Florida
Florida law allows families to seek compensation when a loved one dies due to negligence or wrongful actions. Florida Statute 768.19 states that wrongful death occurs when another party’s actions cause a fatality. These laws permit families to recover damages for emotional suffering, lost income, and other financial losses. The estate may also claim funeral expenses, medical bills, and lost support.
State law establishes who qualifies to file a claim and what compensation may be available. The legal process follows strict guidelines, requiring claims to be filed within specific timeframes. Working with an attorney ensures compliance with these requirements and helps families understand their rights.
Who Can File a Wrongful Death Claim in Florida
Florida law designates specific people who can file a wrongful death claim. The personal representative of the deceased’s estate initiates the claim, as outlined in Florida Statute 768.20. This representative is usually named in the deceased’s will. If no will exists, the court appoints a representative. Spouses, children, and parents may receive compensation as beneficiaries.
Eligibility depends on the relationship to the deceased. Immediate family members receive priority under the law. Legal guidance clarifies eligibility and ensures that all necessary steps are taken.
Common Causes of Wrongful Death Cases
Wrongful death cases arise from various situations, including car accidents, medical malpractice, workplace incidents, and product defects. Fatal car accidents account for many wrongful death cases, often caused by speeding, distracted driving, or driving under the influence. Medical malpractice occurs when healthcare providers fail to meet the standard of care, leading to fatal injuries.
Other causes include falls, construction accidents, and criminal acts. Identifying the cause of death helps determine legal options. Attorneys review evidence and build cases to pursue compensation for affected families.
Damages Available in Florida Wrongful Death Claims
A wrongful death claim allows families to recover economic and non-economic damages. Economic damages include medical bills, funeral expenses, and lost income. These financial losses impact a family’s stability, making compensation essential for moving forward. Non-economic damages cover emotional suffering, loss of companionship, and loss of parental guidance.
Florida courts consider multiple factors when awarding damages, ensuring families receive fair compensation. A strong case supported by evidence increases the likelihood of a successful claim. Legal assistance strengthens a case by gathering necessary documentation and presenting arguments effectively.
The Statute of Limitations for Filing a Claim
Florida law sets a two-year deadline for filing a wrongful death claim, as outlined in Florida Statute 95.11(4)(d). Missing this deadline usually results in losing the right to seek compensation. Acting quickly ensures compliance with legal requirements and preserves the ability to recover damages.
Certain exceptions may extend this deadline, such as when the cause of death is not immediately known or fraud is involved. Speaking with an attorney helps determine if exceptions apply and ensures timely action.
Steps in the Wrongful Death Legal Process
Filing a wrongful death claim requires several steps. The personal representative gathers evidence, including medical records, accident reports, and witness statements. After assembling documentation, the claim is filed in court. The responsible party responds, leading to negotiations or a trial if no settlement is reached.
The legal process involves court filings, negotiations, and potential litigation. An attorney provides guidance and representation, ensuring all requirements are met. Clear communication with legal counsel improves case preparation and helps families understand their options.
Proving Negligence or Wrongful Conduct
To succeed in a wrongful death claim, families must prove negligence or wrongful conduct. This requires establishing four elements: duty of care, breach of duty, causation, and damages. The responsible party must have owed a duty of care to the deceased, failed in that duty, caused the death, and created damages for the surviving family.
Evidence such as expert testimony, accident reports, and medical records strengthens a case. Attorneys collect necessary documentation and present arguments effectively. Building a strong case requires thorough investigation and legal knowledge.
Work With McPherson & Thomas, P.A. to File Your Claim
Wrongful death claims require legal knowledge and careful preparation. Having an attorney handle the case reduces stress and improves the chances of a successful outcome. The right legal representation helps families recover the compensation they need.
At McPherson & Thomas, P.A., our firm assists families in filing wrongful death claims and seeking compensation. We provide legal support to help clients secure financial relief and move forward with greater stability. Contact us by calling (727) 848-8892 or completing our contact form to schedule a free consultation.
