All About Florida Wrongful Death ClaimsJacksonville Accident News
Losing a loved one unexpectedly is a tough situation to be in and a very emotional one as well. When a victim loses a family member as a result of another party’s negligence in Florida, the victim has the right to file a suit against that reckless party for compensation. A Florida wrongful death suit can be brought against a negligent party for several different types of damages.
If you lost someone you loved as a result of another party’s actions, please call Sheftall Law. The Jacksonville wrongful death attorneys at Sheftall Law can advise you on what your options are for getting the full amount of compensation you deserve in a suit. Thinking about a legal response after a tragic loss is not easy and it will not bring back a deceased person, but victims are owed financial compensation for the losses and pain they so unfairly suffered.
What is a Florida Wrongful Death Suit and What Does it Cover?
There are specific people that are able to file a wrongful death claim according to the laws in Florida. A personal representative of the deceased or of the deceased’s estate is eligible to file a Florida wrongful death claim. The personal representative will file the suit on behalf of any of the following qualifying surviving family members:
- Children, including those that are adopted.
- Blood family members that were dependant on the deceased.
- The deceased parents are qualified when the deceased is a minor. Parents can also qualify when no other permitted parties exist.
As a civil proceeding, wrongful death suits give the surviving members of a person’s family the ability to obtain compensation for the damages that the deceased and the family suffered. A wrongful death suit is a way that victims who lost their loved ones due to the negligence of another party can obtain compensation for losses.
Florida wrongful death claims can include the following damages:
- Loss of consortium after losing a spouse.
- Funeral expenses.
- Medical costs that the deceased needed.
- Loss of mentorship and companionship for children.
- Loss of support and service.
- Lost wages from the deceased’s inability to continue to work and earn money.
- Money for future potential money that the deceased would have earned.
- Pain and suffering.
- Punitive damages (which are rarely awarded)/
To learn more about if you are an eligible person to bring about a Florida wrongful death suit and how much your case is worth, the Jacksonville wrongful death attorneys at the Law Offices of Sheftall & Associates can help. Claimants that bring forth legal actions against another party will have their claim evaluated based on:
- The financial impact and need for the surviving family members that were dependant on the deceased.
- How long the deceased was expected to have lived.
- If the deceased had any amount of fault for their fatal accident.
- How shocking and grievous the accident was. Sometimes in very limited situations, when the details of a fatal accident are appalling, a court will find that punitive damages are necessary to add an extra layer of punishment to the party who was found negligent.
Your Jacksonville wrongful death attorney will be able to advise you on what damages are reasonable for your case. You can get a better idea of how much your claim is worth when you work with the attorneys at Sheftall Law.
When Is a Fatal Accident Considered a Wrongful Death Case in Florida?
Any time a person loses their life, especially if the circumstances for which they died could have been avoided, it is always a tragedy. However, not every case will be considered a wrongful death. According to the laws in Florida, a wrongful death must be a result of a wrongful act, negligence of one party to another, or a breach of duty or contract to another.
An eligible party can file a suit against another that they believe acted in a way that showed negligence and that lead to the demise of their loved one. Ultimately, bringing a suit is just one aspect of the claims process. The plaintiff must show that negligence existed and that those reckless actions caused the fatal accident to prove liability. In specific:
- It must be proven that what the defendant did was responsible for the victim’s death.
- If the deceased did not lose their life in the incident, they would have been able to file a personal injury claim for compensation.
- There is a personal representative and appropriate family members have been recognized.
- The wrongful acts of the defendant caused the accident and were directly related to the deadly results.
When all of these elements can be shown, liability for a wrongful death will be assessed.
While there are many accident situations where a wrongful death can take place, the most common are:
- Traffic accidents.
- Medical malpractice.
- Pedestrian accidents.
- Deadly incidents at swimming pools.
- Defective products.
- Defective and toxic drugs.
- Boating incidents.
- Workplace accidents.
This list is not exhaustive. There are numerous ways that a wrongful death situation can take place. Family members that have to endure loss, can take legal action for compensation.
Can a Civil and Criminal Case Happen at the Same Time?
Even if the person that you believed acted in a way that caused the death of your loved one and that person has been criminally charged, you can still file a civil suit. What happens in the criminal case is independent of what can happen from your wrongful death suit. The burden of truth is much lower in a wrongful death suit than a criminal one.
Speak to a Jacksonville Wrongful Death Attorney Today
If you lost a loved one in Florida, you may be wondering if your situation warrants a wrongful death suit. The state of Florida provides for a two-year timeframe for victims to file their Florida wrongful death claim from the date that they lost their loved one. This two-year period of time is Florida’s wrongful death statute of limitations.
To avoid any delays or potential hurdles that could harm your ability to recover the most compensation in your claim, it is important to get the process started quickly. Call the Florida wrongful death lawyers at the Law Offices of Sheftall & Associates to schedule a free consultation at 904-647-2296.