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Frequently Asked Questions Regarding Wrongful Death Claims

Being injured in an accident can be a life-altering experience, but many people each year suffer even more tragic losses when a loved one is taken from them in an accident. This is why we have wrongful death claims, which allow family members to be compensated for the loss of their loved one in a sudden and fatal accident. Because many lives are taken due to accidents each year, there is a need for these helpful claims that can help family members move forward during one of the most devastating moments in their lives.

Wrongful Death Claim FAQ 

What is a wrongful death claim? Wrongful death claims are brought when a person or business was responsible for the death of another person. In cases involving vehicles, a victim must show that somebody has engaged in a reckless or negligent act such as driving under the influence, distracted driving, speeding, fatigue, and many other causes. In other cases, you must be able to show that negligence or a recklessly intentional act took place. Every state is different when it comes to what they require to be successful in a wrongful death claim, which is why you should never stand alone after one of these accidents.

Can anyone bring a wrongful death claim? Many people believe that, just because you knew the party who lost their lives in an accident, you might be able to file a wrongful death claim on their behalf. However, this is not the case and only a handful of people will be able to bring one of these claims. Examples of those who are accepted include a spouse, children, or anybody who depended on the victim on both financial and emotional levels. 

How will the courts determine how much compensation I am entitled to? Survivors might be able to compensate for a wide variety of losses after a loved one has been taken from them suddenly in an accident. There are some types of damages that are most common in wrongful death claims, including the following:

  • Financial support that a loved one would have given to others if they had lived
  • Loss of emotional support that a loved one is able to give others in their absence, such as loss of care and companionship to children, spouses, and other parties
  • Pre-death medical treatment
  • Cost of burial and funeral expenses

On top of that, family members might also be able to compensate for future earnings and economic losses, but they will usually need to establish these losses through testimony from expert witnesses. 

Is there a statute of limitations on these cases? Yes, as with every case, there is a statute of limitations that individuals must abide by when they bring their claim. In Florida, you actually have two years from the date of your loved one’s death before you are barred from bringing a claim. You should never wait too long to file a wrongful death case due to the fact that you may no longer be entitled to damages if it passes and you have not filed.

How a Skilled Wrongful Death Attorney Can Help

At Sheftall & Associates, our personal injury attorneys have handled a variety of cases for many victims of accidents, including wrongful death claims. We understand how devastating and overwhelming it can be to face the losses stemming from these accidents on both emotional and financial levels. The good news is that you have help from experienced legal advocates on your side so that you have the ability to move forward. Please contact our skilled law firm at 904-647-2296 for the help you deserve at this time.