How Can Fort Lauderdale Wrongful Death Attorneys Assist You?
The sudden loss of a loved one due to an accident can prove to be more difficult than anything else. The unexpected and accidental death of any family member can cast a pall on the lives of the survivors left behind. While any amount of money can’t replace the loss of a loved one, the compensation received in the aftermath of an accident may help the families repair some of the more tangible losses.
When someone is killed in Fort Lauderdale due to someone else’s mistake, whether it be a criminal act, the use of a defective product, or a negligent act, then many times a legal professional can help. Seeking advice from Fort Lauderdale wrongful death lawyers can guide the survivors of the deceased victim bear the trauma of their loss.
What is the law for Wrongful Death in Fort Lauderdale?
In Florida, the state legislature has passed a statute that regulates wrongful death claims. Under Florida Statutes, a wrongful death claim may be filed on behalf of the survivors or by the executor or personal representative of the decedent’s estate. If there is no open estate, surviving family members can file one.
In Florida, a wrongful death claim is subject to a two-year statute of limitations. This means that a claim must be filed within two years of the date of death. If you want further information on wrongful death claims and the legal procedure for them, you may wish to consult one of the experienced lawyers for wrongful death in Fort Lauderdale, Florida.
Types of Accidents and Wrongful Death Cases in Fort Lauderdale
If an individual has been injured in an accident, then he or she can sue the person who is responsible for the personal injuries. If the injured person dies, then his or her family members, or the personal representative of the estate can file a wrongful death suit. There are a variety of situations where wrongful death lawsuits arise in Florida, including:
- Truck accidents
- Motor vehicle accidents
- Pedestrians facing an accident
- Airplane accidents
- Bicycle accidents
- Not obeying traffic signals
- Deaths caused due to consumption or use of defective products
- Deaths caused due to dangerous conditions
- Medical Malpractice
- Exposure to harmful chemicals
- Violent criminal acts
- Boating accidents
- Work-related accidents
If you have lost a loved one in an accident, you might want to consult with an experienced wrongful death attorney who can evaluate your claim and advise you on its merits.
Compensation in a Wrongful Death Lawsuit
Compensation often depends on the relationship of the survivor to the victim. Survivors can receive compensation for lost support or services provided by the deceased to family members. In addition, the survivors can often claim reimbursement for the estimated value of future lost support or services.
A wrongful death lawyer serving Fort Lauderdale can help determine the appropriate amount to claim for family members. Surviving family members can also make a recovery for medical bills, emergency bills, and funeral expenses that they have incurred due to the accident and death of the victim.
In addition to the economic damages, the survivors may be able to recover for the non-economic damages that they have suffered. This includes damages for pain and suffering, emotional distress, mental anguish, and loss of consortium. A spouse can also recover damages for loss of companionship. Children who lose a parent may also claim damages for the loss of guidance, parental companionship, and instruction. Wrongful death lawsuits in Florida are also subject to a cap on noneconomic damages.
Some examples of Damages Recoverable Under Florida’s Wrongful Death Statute include:
- Medical, hospital, and funeral expenses
- Pain and suffering
- Losses suffered by the spouse, and children of the deceased person
- Financial support losses
- Lost income or wages
- Loss of gifts or other gratuities
- Loss of parental training or guidance
- Loss of companionship and society
No two wrongful death lawsuits are exactly alike, so it is important to speak with an experienced Fort Lauderdale wrongful death lawyer to get a better understanding of what you may be able to recover.
Who Can File a Wrongful Death Claim in Fort Lauderdale?
Under Florida law, in order to recover damages, a claimant must be dependent upon the deceased person for support. This usually includes the victim’s spouse, parents, children, and those siblings, adopted siblings, or blood relatives who are actual dependents.
If the claim involves the children of unmarried parents, then a child is automatically eligible to get full compensation in the event of the death of the mother. On the other hand, the child may be eligible for certain types of damages if the father dies. If the victim is not survived by any direct family members, then a wrongful death claim can be brought by the personal representative of the victim’s estate.
A wrongful death case can do just that; it can give the family some sense of justice and peace in what has been an otherwise tragic event. If you have lost a loved one, contact a Fort Lauderdale Personal injury attorney today. Schedule a free case consultation with us.