Losing a family member to someone else’s negligence is an especially difficult experience, and while no amount of money can alter this fact, obtaining the compensation to which you are entitled can help you and your family on the road to recovery. If this is the tragic position you find yourself in, reach out for the professional legal guidance of an experienced South Florida wrongful death attorney today.
Your Wrongful Death Claim
If you’ve lost a spouse or close family member in an accident that was caused by the negligence of someone else, you can seek compensation for your immense losses in a wrongful death claim. Understanding the basics as they relate to your claim can help you protect your rights throughout. Consider the following:
- In Florida, a personal executor – or representative – of the estate files the wrongful death claim on behalf of the survivors.
- The executor is called upon to list the potential beneficiaries in the wrongful death claim, and these generally include – in hierarchical order – the surviving spouse, the surviving children, the surviving parents, or other surviving family members – in accordance with Florida’s laws of intestacy.
- The damages sought in a wrongful death claim can include the loss of your loved one’s support, companionship, and protection, your related emotional pain and suffering, the earnings your loved one would have left as part of their estate, and the final medical and funeral expenses paid by the survivors or by the estate.
The Statute of Limitations
Every state implements time limits in relation to filing wrongful death cases, which are known as statutes of limitations. In Florida, you have only two years from the date your loved one succumbs to the injuries they sustained in the accident in question – which may be a later date than that of the accident itself – to file your lawsuit.
The Elements of Your Case
In order to bring a successful wrongful death case in the State of Florida, there are certain elements that must be present, including:
- The at-fault party must have owed your loved one a duty of care – or had a responsibility of some kind to their safety. A common example is the duty of care motorists owe one another.
- The at-fault party must have breached –or failed to live up to – the duty of care owed.
- This failure on the part of the at-fault party must have been the direct cause of the fatal accident or incident in question.
- As a result, your loved one’s estate, survivors, or both suffered losses that are addressed by the law.
It’s time to Consult with an Experienced South Florida Wrongful Death Attorney
If you have lost a loved one in an accident, you need legal representation immediately. The lawyers of Rodgers Law Group have the skill and experience required to get survivors the compensation they deserve under Florida law. We work with clients in Miami-Dade, Palm Beach, and Broward Counties and throughout the state. To learn more, please do not delay contacting or calling us at 954-999-5807 today.