When you lose a loved one due to someone else’s negligent actions, you may be entitled to file a wrongful death lawsuit to seek damages. You may be wondering, “Who can file a wrongful death claim?”
Nothing can ever replace the individual you lost, but a wrongful death lawsuit can help you recover damages. These can prevent you from going into debt and ensure your loved one gets the proper burial they deserve.
Deciding to pursue a wrongful death settlement can be very complicated. You will be navigating a complex legal field while dealing with intense emotions due to your grief. It is recommended that you hire an experienced wrongful death lawyer who understands the process and can get you the maximum compensation for your loss.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a method of seeking reimbursement or compensation for the losses you suffered as a result of the death of your loved one.
It is by no means a way to replace your loved one or to assign a monetary value to their life. Wrongful death claims can occur in a number of fatal circumstances. These include:
- Fatal car accidents
- Elder abuse
- Medical malpractice
- Workplace injuries
- Homicide
- Product liability
- Slip and falls
- Accidental poisoning
At Lytal, Reiter, Smith, Ivey & Fronrath, we believe that filing a wrongful death lawsuit is the best way to protect others from suffering the same fate as your loved one. Holding the liable party accountable discourages them from making the same error again. It also shows society that this negligence will not be tolerated.
Our expert team of wrongful death lawyers will help you determine a fair settlement amount and collect strong evidence for your case so you get the compensation you’re entitled to.
Who can file a wrongful death settlement?
In Florida, wrongful death settlements can only be filed by and paid out to the direct family. This includes spouses, children, parents, and potentially, siblings. However, siblings can only collect wrongful death damages if the aforementioned family members are not living.
In some cases, if these individuals do not file a wrongful death settlement in time, the deceased’s estate or personal representative may file a wrongful death settlement on behalf of the individual’s estate. This can occur if the victim’s family is estranged.
Filing a Wrongful Death Claim
The individual filing a wrongful death claim will have to prove that the liable party owed them a duty of care. This is a standard guideline for negligence that determines whether the person should have acted with more care toward the deceased. For example, drivers on the road have a duty of care to other drivers to avoid causing them harm. If you’re wondering who can file a wrongful death claim, contact one of our Florida wrongful death attorneys for more advice.
After duty is established, a breach of this duty must be proven. Did the liable party ignore this duty of care? For example, drivers who speed or run red lights are not maintaining their duty to other drivers on the road.
Did this breach cause the deceased’s death? Just because an individual was negligent doesn’t mean that they are responsible for your loved one’s death. For example, someone who litters is breaching their duty to maintain the environment that we all share. However, they will not be found liable if you crash your car next to them.
To seek damages, this negligence must have resulted in losses. The plaintiff will need to present evidence of the victim’s death and the losses that they have suffered as a result.
Wrongful Death Damages
Wrongful death damages aren’t limited to the direct costs of the deceased’s medical expenses and funeral costs. Their family members suffer far more than this.
Wrongful death damages include a mix of financial losses and emotional losses that are expected to be recovered by the settlement.
You may be able to collect the following damages:
- Loss of income of the deceased
- Loss of the deceased’s contributions to the household’s chores and any childcare
- Funeral and burial costs
- Deceased’s pain and suffering
- Medical expenses
- Family’s pain and suffering
- Loss of consortium
- Loss of care and guidance
- Loss of inheritance
To collect these damages, you will need the assistance of an expert wrongful death lawyer in West Palm Beach. Lytal, Reiter, Smith, Ivey & Fronrath are here to support you through this difficult time and ensure you are not financially impacted by the death of your loved one.
We have taken on hospitals, insurance companies, and corporations to fight for our client’s rights to bigger payouts. We do this, not for the money, but to send a message to the community: we will not tolerate negligence, especially if it causes the needless death of one of our members.
Statute of Limitations for Wrongful Death Lawsuits
In Florida, the statute of limitations for wrongful death states that you must bring a lawsuit against the liable parties within two years of the date of your loved one’s death. If you fail to file your lawsuit during this period, it is unlikely that your case will be heard in court.
Failing to file a lawsuit within the statute of limitations is like leaving money on the table. It lets the liable party off the hook and allows them to continue acting negligently, potentially causing more deaths.
Our team at Lytal, Reiter, Smith, Ivey & Fronrath don’t want to see that happen. We will file your lawsuit within the statute of limitations to give you the best chance of seeking financial damages and getting justice for your loss.
Speak to a Wrongful Death Attorney
Who can file a wrongful death claim may be confusing. Wrongful death cases make the loss of a loved one that much more painful. You know that it could have been avoided. Unfortunately, there are many ways to lose a loved one due to someone else’s carelessness: automobile accidents, workplace injury, falls, medical malpractice, and more.
No matter how your loved one died, our wrongful death lawyers are here to ensure you get the closure you deserve.
