There are two stages to taking legal action after a wrongful death. In the first, you try to resolve your claim with the at-fault party’s insurance company. If you are unable to reach an acceptable resolution out of court, then you enter the second stage: filing a wrongful death lawsuit. This action allows you to file a petition with a court seeking damages for a loved one’s death.
The personal injury lawyers at the Montero Law Center can help you file a wrongful death lawsuit. Call 954-767-6500 for a free consultation.
How Do I Know If I Have a Valid Wrongful Death Case?
Before you can file a lawsuit for wrongful death in Florida, you must prove:
- Your loved one’s death occurred because of a wrongful act, someone’s negligence, a default, or a breach of contract;
- Your loved one would have maintained the right to sue for damages, if they had survived; and
- You meet the legal requirements to take action on your loved one’s behalf.
What Damages Can I Get in a Florida Wrongful Death Lawsuit?
Under state law, your damages will depend on your relationship with your loved one.
All survivors can get compensation for lost support and services from the point of injury until death, plus future lost support and services. In addition to those damages, the surviving spouse can make a claim for mental pain and suffering, as well as loss of companionship and protection of the decedent.
Surviving children can recover certain damages, if they are minors or if there is no surviving spouse. Children can pursue compensation for the loss of support and services, as well as loss of parental companionship, instruction, and guidance. They can also recover money for mental pain and suffering.
If the decedent is a minor child—or an adult with no other survivors—their parents can recover damages for pain and suffering. If you paid your loved one’s final medical bills or funeral costs, you can also seek reimbursement for these expenses.
Our attorneys can examine the details of your case to determine which damages you may be able to recover with a wrongful death lawsuit.
What Is the Deadline for Filing a Wrongful Death Lawsuit in Florida?
Under the statute of limitations, you only have two years to file a wrongful death lawsuit in Florida. If you wait too long, you may not be able to recover damages for the death of your loved one.
Do I Have to Hire a Lawyer to File a Lawsuit?
You can handle this process yourself, but the at-fault party’s insurance company likely has a team of lawyers on staff. These lawsuits typically involve large amounts of money, so insurance companies have plenty of motivation to defend these cases aggressively. Having the guidance of an attorney can help you fight for the full compensation your family deserves.
If you lost your loved one because of someone else’s negligence, the Montero Law Center will meet with you at no charge to evaluate whether you can file a wrongful death lawsuit. Call us today at 954-767-6500 to line up your free, no-obligation consultation.
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