If you’ve tragically lost a loved one to wrongful death in Florida, you are most likely feeling overwhelmed and unsure of what to do next. Losing a close family member can be difficult but losing them when their death could have been avoided is almost too much to bear.

Florida state law allows family members to file a wrongful death claim if specific legal elements exist. However, wrongful death laws can be complex and challenging if not impossible to navigate successfully on your own.

For this reason, it’s in your best interests to hire an experienced wrongful death attorney in Florida to assist you with your case immediately. Contact RTRLAW now for a free, no-obligation case review with a knowledgeable legal team member who can answer your questions.

What is a Wrongful Death Claim?

Florida law defines wrongful death as occurring when a person or entity causes another person’s death by a wrongful act or negligence.

Only the personal representative of the deceased person’s estate is allowed to file a wrongful death claim in civil court in Florida, according to the law. The personal representative (also known as an executor in some states) may be named in a person’s will/estate plan or may be appointed after death if the deceased person did not leave a will/estate plan.

The personal representative may file a wrongful death claim and act as the plaintiff. However, if a settlement is obtained, the compensation reverts to the victim’s estate for the benefit of the victim’s surviving spouse and dependents.

What Type of Compensation Can Be Recovered in a Wrongful Death Lawsuit?

You may be entitled to recover damages if you’ve lost a family member due to wrongful death. However, the amount and types of damages ultimately awarded will significantly depend on the circumstances surrounding the case. Some of the most common damages that surviving family members/dependents may be able to recover include:

  • Funeral and burial expenses.
  • Medical expenses incurred by the deceased due to their accident.
  • Emotional distress.
  • Loss of support.
  • Loss of companionship and protection.
  • Loss of guidance and instruction for minor children.

Florida law also allows the victim’s estate to recover damages, which may include:

  • Medical and funeral expenses paid by the estate.
  • Lost wages and benefits.
  • Future wages the deceased could have earned had they lived.
  • The expected overall value of the estate had the decedent lived.

What is the Statute of Limitations to File a Wrongful Death Claim?

Under the new law, Florida Statute 95.11 (4)(d), Florida allows up to two years from the date of the decedent’s death to file a wrongful death claim. It is essential that individuals realize the clock starts ticking from the date the decedent died, not the day they necessarily suffered their fatal injury. In some cases, a victim may be injured but not die until a later date.

There is, however, an exception to the law in which the time limit may be “tolled” or paused. If the death was the result of medical malpractice, family members may have two years from the date the cause of death was discovered to file a lawsuit.

Do I Need to Hire an Attorney to Represent Me in a Wrongful Death Case?

While no law specifies that you must hire an attorney to assist you with filing a wrongful death claim in Florida, it is in your best interests to do so. Wrongful death claims can be challenging to prove, and the defendant most likely will have their legal representation working hard to dismiss the case.

Therefore, having an experienced wrongful death attorney, such as the skilled wrongful death lawyers at RTRLAW, assisting you with your case gives you the best chance of recovering damages. Some may be hesitant to hire an attorney and file a lawsuit. However, filing a claim is often the only way to hold the liable party accountable for their negligence.

The knowledgeable and compassionate wrongful death attorneys at RTRLAW can fight for justice for your loved one. They’ll advise you throughout the case and can even take your matter to court to help you get the compensation you deserve for your tragic loss. In addition, studies show an attorney may be able to recover more compensation for you than you may be able to secure on your own.

Contact RTRLAW today or call us toll free at 1-833-HIRE-RTR (1-833-447-3787) for a free, no-obligation case review to determine your legal options.