Basics of a Wrongful Death Suit
Wrongful death falls under a tort claim which means that it is a civil case and not a criminal case and is filed by one representative of the deceased’s estate. This type of case differs from a criminal trial which is concerned with punishing those that have committed a crime. Instead, a wrongful death suit is a way for victims to receive compensation for any economic losses associated with the death of their loved one.
Examples of wrongful death can include medical malpractice cases, car or workplace accidents, or slip and falls. The main circumstance that is examined is whether there were intentional or negligent acts that caused fatal injuries or death to the person.
According to Florida Statute 768.21, compensation can be awarded to the estate of the deceased and the survivors. The estate may receive awards in the case of situations such as funeral, burial, or medical expenses, lost wages, or loss of potential future earnings. Those that are considered survivors, family of the deceased, can receive compensation due to the loss of companionship in the case of a spouse or children or mental pain or suffering.
Statute of Limitations in Florida
When it comes to wrongful death claims, the sooner you file, the better. However, for those that are curious, the statute of limitations is two years from the time of death. For example, if someone were to have suffered from medical malpractice, any action would need to be taken within two years from the incident or two years from when the incident is discovered.
All wrongful death cases come with unique details and circumstances which is why it’s best to consult with a lawyer as soon as you are aware or able. A lawyer will be able to thoroughly review your case and uncover any details or liability that can help you obtain the highest compensation possible for your situation.
Under Florida law, your family may be eligible to collect economic and non-economic damages if you’ve suffered the loss of a family member through negligence. Our experienced lawyers can help you protect your rights and guide your family through this difficult time. Have questions on a personal injury case related to a wrongful death in Bradenton, Florida? Contact Erjavec Injury Law today at 941-907-1133 for a free lawsuit consultation with our personal injury lawyers.