A wrongful death claim is a legal action that allows the surviving family members to seek compensation for their loss. At DWK Law, we understand the profound impact of these losses, and we are committed to helping families navigate these challenging times with compassion and legal expertise.
Contact our Orlando wrongful death lawyers today at (407) 244-3000 for compassionate legal guidance.
What is a wrongful death claim?
A wrongful death claim is a civil lawsuit that can be brought when a person’s death has been caused by the fault of another person or entity, such as a negligent driver, a doctor who commits medical malpractice, or a manufacturer of a defective product. This claim aims not only to obtain compensation for the survivors but also to hold the responsible party accountable for their actions.
Who can file a wrongful death claim in Florida?
Under Florida Statutes § 768.19, the personal representative of the deceased’s estate must file the wrongful death claim.. This representative acts on behalf of the deceased’s estate and all surviving family members who have an interest in the claim. Wrongful death claims compensate eligible statutory survivors pursuant to Florida Statute 768.21. Typically, these family members include the spouse, children, and sometimes parents, as well as any relative who was dependent on the deceased for support or services.
Types of damages recoverable in a wrongful death claim
The damages in a wrongful death claim are generally categorized into two types: economic and non-economic damages. Spouses, children aged 25 and under and parents of the decedent can seek damages. Here’s what these typically include:
- Economic damages: These can cover funeral and burial expenses, lost wages and benefits the deceased would have earned had they lived, lost prospective net accumulations of the estate, and medical costs related to the deceased’s final illness or injury.
- Non-economic damages: These address the more subjective costs of the death, such as the pain and suffering endured by the deceased before death, loss of companionship and protection provided by the deceased, and mental and emotional pain suffered by the survivors.
The process of filing a wrongful death claim in Florida
Filing a wrongful death claim involves several crucial steps:
- Evaluate Statute of Limitations: different actions may have different statutes of limitations. Florida Statute 95.11 outlines the statutes of limitations for wrongful death causes of action.
- Determine standing: Verify who is eligible to file the claim.
- Investigate the death: Collect and examine evidence that supports the claim of wrongful death caused by negligence or a deliberate act.
- Calculate damages: Assess the full scope of economic and non-economic damages.
- File the claim: Initiate the lawsuit within the statute of limitations, which is generally two years from the date of death in Florida.
How DWK Law can help
Navigating a wrongful death claim requires a detailed understanding of complex legal principles and the ability to argue the case effectively in court. At DWK Law, our experienced attorneys are dedicated to providing the compassionate support and robust legal advocacy needed to help families achieve justice and fair compensation.
Conclusion
A wrongful death claim represents a crucial opportunity for survivors to address the financial and emotional impacts of their loss. While no amount of money can replace a loved one, achieving financial security can provide some peace of mind. If you believe you have grounds for a wrongful death claim, contact DWK Law to discuss your case. Our team ensures you receive the comprehensive legal representation you deserve during this difficult time.
