Each year in the United States, thousands of people lose someone close to them due to someone else’s negligence. Not only is it an immeasurable loss of a loved one, but it can also take a toll on your financial well-being.
You may qualify for a wrongful death claim if someone you love passed away due to someone’s negligence and it wasn’t your fault. However, to do so, you must know about the Florida wrongful death statute.
In this article, we’ll describe the qualifications of a wrongful death claim in Florida and how the process works. Read on to learn more.
Basics of the Florida Wrongful Death Statute
In Florida, the wrongful death statute provides that when someone dies due to the negligence of another, the survivors may bring a claim for damages. The statute covers death caused by car accidents, medical malpractice, and other negligent acts. The statute also provides for the recovery of funeral and burial expenses.
Who Can Bring a Wrongful Death Claim in Florida?
In Florida, a wrongful death claim may be brought by the decedent’s surviving children, spouse or parents. If there is no surviving child, spouse or parent, the claim may be brought by any adoptive sibling or blood relative who is partially or wholly dependent on the decedent for support.
Damages that Can Be Recovered
Under the Florida wrongful death statute, family members may recover damages for their loss. This includes economic damages such as loss of income and intangible damages such as mental anguish and emotional suffering.
Additionally, the statute provides for punitive damages in cases where the defendant’s actions were particularly egregious. To determine whether you have a viable claim under the Florida Wrongful Death act, click for a personal lawyer and consult with an experienced wrongful death attorney in Florida.
How Long Do You Have to Bring a Wrongful Death Claim?
In Florida, the statute of limitations for wrongful death claims is two years. This means that you have two years from the date of your loved one’s death to file a claim. If you do not file within this time frame, you will be unable to recover damages.
Common Defenses to a Florida Wrongful Death Claim
There are, however, some common defenses that can be used to defend against a Florida wrongful death claim. One defense is that the death was not caused by the negligence of the other party. Another defense is that the death was caused by an act of God. Finally, the defense may argue that the claimant does not have the standing to bring the claim.
Know Your Rights
The Florida Wrongful Death Statute is important to know if you have lost a loved one due to someone else’s negligence. This can help recover damages for your loss. Take note that you can only file for this claim within 2 years since your loved one’s death, if not you won’t able to do so.
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