When someone dies due to negligence or reckless behavior, their surviving loved ones may be able to get reparations through a wrongful death lawsuit. What is a wrongful death lawsuit?
A wrongful death lawsuit in Florida is a claim made in civil court against a person or company accused of causing someone’s death through negligence, breach of contract or warranty, or wrongful act.
Who can sue for wrongful death?
Florida law limits who can sue for wrongful death. Depending on the case, the decedent’s spouse, parents, or children can sue for wrongful death. In certain situations, appointed estate representatives can sue on behalf of approved parties.
Though the law limits potential plaintiffs to immediate family members, it’s these relatives who likely are struggling the most with the loss of their loved one. The added stress of a lawsuit may seem like too much to handle. A seasoned Florida wrongful death attorney will help you navigate the muddy waters of wrongful death law.
When can I sue for wrongful death?
There are several types of wrongful death lawsuits. Some of the most common types of wrongful death cases involve product defects, workplace accidents, and medical malpractice.
Personal injury cases in which the plaintiff dies may lead to wrongful death lawsuits carried out by the decedent’s survivors.
Instances involving intentional violence may also qualify as a wrongful death case. If you are unable to achieve justice for your loved one in criminal court, you may be able to sue over your loved one’s wrongful death in civil court.
These cases enable plaintiffs to recover punitive damages. However, such claims are complicated because state law requires plaintiffs to prove intentional misconduct or gross negligence.
State law defines intentional misconduct as when a defendant intentionally acts wrongfully despite knowing their actions come with a risk of death or injury. It states that gross negligence involves a defendant consciously disregarding someone’s life or safety.
How long do I have to sue for wrongful death?
Florida limits how long you have to file a wrongful death lawsuit. In most cases, you must file the lawsuit within two years of the date of death. There are some exceptions, such as if a government entity is involved in the case.
What evidence is required in a wrongful death lawsuit?
Florida wrongful death lawsuits must prove three main points: that the defendant had a duty of care toward the decedent, that the defendant breached or failed to uphold that duty of care, and that the decedent’s death was directly caused by that breach.
In addition, wrongful death lawsuits will require plaintiffs to provide evidence of damages. Gathering any type of evidence in the wake of a loved one’s death may seem impossible. Let an experienced Florida wrongful death attorney help.
How can suing for wrongful death help me?
In addition to the pain and suffering caused by the unexpected death of a loved one, the sudden loss and expenses can rip through tenuous saving and retirement plans.
A wrongful death lawsuit can help you to recover medical and funeral costs, as well as receive compensation for emotional pain and suffering, mental anguish, loss of income, and other costs.
Lytal, Reiter, Smith, Ivey, & Fronrath have won our clients millions of dollars in wrongful death lawsuit settlements. Our firm goes above and beyond to help our clients.
In one wrongful death lawsuit, we determined a defective tire had caused the death of our client’s loved one. We sued the tire and vehicle manufacturer, traveled to another state to conduct investigative interviews, and ultimately were able to get our client an $11 million settlement before trial.
Let a Wrongful Death Attorney Help
If you’ve lost a loved one, you likely are more focused on surviving this pain than pursuing legal action. While filing a wrongful death lawsuit may not seem urgent, the law does limit how long you have to file a wrongful death lawsuit and the potential compensation can help blunt the stress and overwhelm from mounting medical and funeral bills.
Let us help you focus on and support what matters: you and your family.Contact Lytal, Reiter, Smith, Ivey, & Fronrath today for a free wrongful death case evaluation.
