Wrongful Death Claims

Wrongful Death

What You Should Know About Wrongful Death Claims

Like most people, you probably have close family relationships that make life meaningful. Naturally, if someone in your family dies, you may miss out on his or her friendship, love and affection. A wrongful death lawsuit may allow you to pursue reasonable compensation from the negligent person who caused the death of your loved one. If someone you love has died, you may experience a variety of emotions. Unfortunately, you only have a limited time to assert your legal rights; the statute of limitations for filing the appropriate civil claim in Florida is usually two years from the day the person died. An experienced Miami attorney can help you understand your legal options and fight for just compensation. He or she can also help you navigate the complex law that surrounds civil claims in Florida.

The Relevant Statute

In the "Sunshine State," is the death of a loved one is caused by bad conduct, the death is compensable. Section 768.19 of the Florida Revised Statutes notes that if a negligent party or entity causes the death of someone through a wrongful act, breach of contract, negligence or default, some of the deceased person’s loved ones may bring civil action to recover for their losses. The following relatives may file a claim after the death of a loved one:

• The deceased person’s spouse
• The deceased person’s children
• The deceased person’s parents

Any blood relative or adopted sibling who relies on the deceased person for support or services may also bring civil action in Florida courts.

Possible Compensation

Because it is a civil claim, a wrongful death suit can only seek monetary damages. That is, you cannot pursue imprisonment or other criminal punishments for the person who caused your loved one’s death. Still, you may request compensation for any of the following:

• The monetary worth of the support and services your loved one would have provided had he or she lived
• Compensation for the mental or emotional anguish you experienced as a result of your loved one’s death
• Reparation for loss of consortium, friendship, love and affection
• The cost of medical treatment, ongoing care and funeral arrangements

Just as you may experience great loss after the death of a loved one, your relative’s estate may also lose wealth. Accordingly, the deceased person’s estate may also be able to win compensation for the value of lost wages and potential investment income.

Do you need to file a wrongful death claim?

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If you have experienced the death of someone close to you, you may feel an overwhelming sense of loss. You should not, however, have to manage a death-related claim on your own.

At Seltzer Mayberg, LLC, we can help you understand your legal options and fight for the compensation you rightfully deserve.

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