Have you recently lost someone you love because of another person’s careless actions? Although no amount of money can bring back your loved one, Florida law does give families a chance to get justice and the financial support they need to move forward in life with some sense of security.
Below, this personal injury attorney in Winter Haven, Florida is going to explain what to expect if you are thinking about filing a wrongful death claim in this state.
What is a wrongful death claim in Florida?
In Florida, wrongful death laws are listed under the Florida Statutes § 768.16–768.26. According to these laws, if someone’s death was caused by negligence, a wrongful act, or a broken legal agreement, then their estate can file a civil claim. This gives families a legal route to demand accountability and get fair compensation for what they have lost.
When you are grieving, these laws can be overwhelming and hard to follow. This is why many families turn to an experienced personal injury attorney in Winter Haven, Florida during this time. Having someone by your side who knows the system can take a huge weight off your shoulders.
Who can file, and who can recover damages?
Only the personal representative of the person who passed away can actually file the lawsuit under Florida Statutes § 768.21. That person is usually named in the will, but if there is no will, then a court will appoint someone. Although only one person can file the claim, the money recovered can be distributed among eligible surviving family members or “survivors.”
For example, if children lose a parent, they can be compensated for the emotional pain of growing up without parental support, advice, or love. A surviving spouse can also ask for compensation to cover lost income and the emotional pain of losing their partner. Parents who lose a minor child can pursue damages for emotional pain as well, and if there is no family left, the estate can still recover medical or funeral expenses.
What is the statute of limitations for a wrongful death claim in Florida?
According to Florida Statutes § 95.11(5)(e), families have two years from the date of their loved one’s death to file a wrongful death lawsuit in Florida. If the deadline passes, you could lose your chance to file a wrongful death claim, no matter how strong your case is.
Now, there are some situations (mentioned under Florida Statutes § 95.051) where you can get a little more time, like if the defendant leaves the state or uses a false identity. But that is not something you can count on as these situations are not very common. If you want to avoid missing your chance, you should speak with an experienced personal injury attorney in Winter Haven, Florida as soon as possible.
Can Florida’s modified comparative negligence rule impact your claim?
According to Florida Statutes § 768.81, if the person who passed away was more than 50% responsible for what happened, then the family can’t get any money from a wrongful death lawsuit. It is a harsh rule, but that is how it works in this state now.
To give you an example, if the deceased was 30% responsible, the family might still get 70% of the total compensation. But if the fault is more than 50%, they will probably not get anything at all. This rule can make it harder to win a wrongful death claim when fault is unclear.
An experienced Winter Haven personal injury attorney can push back if others are unfairly trying to blame your loved one. They will do everything to make sure your family’s voice is heard.
Looking for a Personal Injury Attorney in Winter Haven, Florida?
Have you lost a loved one because of someone else’s negligence and are now looking for an experienced personal injury attorney in Winter Haven, Florida who can file a wrongful death claim? If so, look no further than Tonya Stewart and her legal team at Tonya Stewart Law PA. Contact us today at (863) 279-4473 to schedule a free legal consultation.