The answer is that any type of attorney is eligible to handle wrongful death claims. But to navigate through the complex court proceedings and get justice, it is always advisable to hire a wrongful death attorney Sarasota, who has enough expertise and experience in handling wrongful death lawsuits. It’s best to hire an attorney with in-depth knowledge of the proceedings of such lawsuits and who can represent you in other related legal matters.
What Is A Wrongful Death Lawsuit?
When someone dies as a result of another person’s negligence or misconduct, it is known as a “wrongful death” in the eyes of the law. Those financially reliant on the deceased, such as children, surviving spouses, or even parents, may be entitled to damages for grief, suffering, and lost wages. Such lawsuits can also include complex losses like funeral expenses and lost companionship.
Who Can File A Wrongful Death Lawsuit?
When a loved one dies due to another person’s negligence or wrongdoing, you may be able to file a wrongful death suit. For instance, the at-fault party can be a driver in a car accident, selling drugs without a prescription, or death caused by defective products, violence, a doctor or medical professional, or a company owner who neglected to maintain their property.
Typically, state statutes specify who is eligible to file wrongful death claims and set restrictions on the damages that can be granted. As per Florida state’s legal statutes (section 678.18), any surviving member of the deceased victim’s family can file a lawsuit on any or all of the following grounds: breach of contract, negligence, and wrongful act. This sort of litigation was created to provide financial assistance to orphans and widows. Parents of the deceased, children, and the spouse can file for wrongful death.
Other Laws That Are Related To Wrongful Death Claims
There are some common principles regardless of the state you reside in, and some of those must be demonstrated:
- As a result of something in question, a family member passed away.
- Due to the death, the plaintiff suffered losses.
- The defendant owes the decedent a duty of care.
- The defendants went against their responsibility of care.
Are State Laws Regarding Wrongful Death The Same?
No, there are several variances in wrongful death legislation between states. Wrongful death is a tort claim when one person is responsible for another’s death. While it is sometimes associated with a criminal accusation of murder or manslaughter, it is a separate legal action that seeks financial justice for the survivors, such as children, spouses, and the estate itself. Claims for pain and suffering, loss of companionship, and the value of lost support are common in wrongful death cases. A claim for wrongful death could be made in Florida if the death was caused by “any person’s unlawful conduct, carelessness, default, or breach of contract or guarantee, including those on navigable waterways.” In addition, the state of Florida permits claims for damages from the time of the injury until death, including interest and expected future wages.
A wrongful death lawsuit can be filed by the deceased person’s immediate family in some places. Florida law requires the victim’s representative to file the wrongful death claim. When a personal representative files a wrongful death case on behalf of the deceased person’s estate and any surviving family members, the personal representative must include a list of all prospective beneficiaries.
Limitations regarding wrongful death claims:
The statutes of limitations vary from one state to another. Wrongful death claims must be filed within a specified time, determined by a rule known as the “statute of limitations.” In Florida, most wrongful death cases have a two-year statute of limitations from the date of death. If the wrongful death claim is not filed before the deadline, the deceased’s representative will likely lose the right to file.
How can an experienced firm help in wrongful death claims?
The wrongful death law covers many topics, including murder, forgery, real estate, and civil responsibility. Even though most attorneys have a sound fundamental grasp of numerous legal matters, relevant legislation and court cases change regularly. A wrongful death attorney who has decided to specialize in this field will certainly have more in-depth knowledge and grasp of that legal area than an attorney who practices in a more general law realm.
