Understanding Florida’s Wrongful Death Statute of Limitations
Florida law establishes strict time limits for filing wrongful death claims through Florida Statute 95.11(4)(d). This statute generally provides family members with two years from the date of death to initiate legal proceedings. This relatively short timeframe means families must act promptly while still grieving, as failing to meet this deadline typically results in permanently losing the right to seek compensation.
At Marsalisi Law, we understand the overwhelming nature of legal deadlines during such an emotionally difficult time. Frank P. Marsalisi provides compassionate guidance to help families navigate these time constraints while protecting their rights to pursue justice for their lost family member. Our team handles the legal complexities so you can focus on the emotional healing process after your loss.
Representing Clients in Wrongful Death Claims and Lawsuits
Few things are more traumatizing than the untimely death of a loved one due to the negligence of another. Wrongful death cases can occur in a number of different contexts, including motorcycle accidents, auto accidents, and pedestrian accidents. In Florida, there is an average of 2,925 fatal crashes with 3,142 deaths each year, according to Florida Highway Safety and Motor Vehicles.Sometimes, these terrible accidents are unavoidable. Unfortunately, they are often caused by the negligence of another driver. In every wrongful death case, the victim’s family should be fully compensated for their tragic loss.
How a St. Petersburg Wrongful Death Attorney Can Help Ease the Pain of Your Loss
Bringing a lawsuit is always difficult for the family. You have to relive your loved ones’ final moments and may experience emotional trauma, depression, and financial stress. A St. Petersburg wrongful death attorney can guide you through this incredibly challenging time. Nothing can ever replace the loss of a loved one, but a wrongful death lawyer can protect your legal rights and ensure your family is fully compensated for all financial losses incurred since losing your loved one.
When filing a wrongful death lawsuit, there are several tasks a St. Petersburg wrongful death attorney can help with, including:
- Gather valuable reports and witness statements
- Research the cause of your loved one’s death
- Determine the responsible party
- Investigate to prove negligence to gain compensation
- Provide trusted counsel through each step of the process
At Marsalisi Law, Attorney Frank Marsalisi understands the impact of wrongful death on a family. Frank is steadfast in his belief that those who act negligently and cause the death of another person should be held accountable for their actions.
Common Causes for Wrongful Deaths in St. Petersburg, FL
One might think the tragedy of losing a loved one calls for a wrongful death lawsuit. However, Florida laws are strict in what accidents constitute as “wrongful” for a wrongful death to be pursued. If your case does not meet the conditions for a legal wrongful death, you won’t have a viable case. Consequently, it’s essential to understand what times of accidents warrant a wrongful death claim.
In St. Petersburg, causes of wrongful death often include:
An experienced St. Petersburg wrongful death attorney can help you better understand whether your case merits a wrongful death lawsuit and advise on the next steps to pursue one, if applicable.
Damages Considered in a Wrongful Death Lawsuit
- Each survivor may recover the value of lost support and services from the date of the decedent’s injury to his or her death, with interest, and future loss of support and services from the date of death and reduced to present value.
- The surviving spouse of a wrongful death claim may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
- Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance as well as mental pain and suffering from the date of injury.
- Each parent of a deceased minor child may recover from mental pain and suffering from the date of injury. Each parent of an adult child in a wrongful death case may also recover for mental pain and suffering if there are no other survivors.
Determining Economic Damages in Florida Wrongful Death Cases
Calculating economic damages in wrongful death cases requires detailed financial analysis to capture the full extent of monetary losses. These calculations go beyond immediate expenses and must account for the deceased’s projected lifetime earnings, benefits, and services they would have provided to their family.
Economic damages in Florida wrongful death cases typically include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of the deceased’s expected income and benefits
- Loss of inheritance prospects
- Value of household services the deceased would have provided
- Loss of medical insurance or pension plans
While these damages can be calculated with relative objectivity using economic projections and actuarial tables, they still require extensive documentation and expert testimony. We work with financial experts, economists, and accountants to develop comprehensive projections that accurately reflect the true economic impact of losing a family member, particularly when the deceased was the primary income provider.
Non-Economic Damages for Surviving Family Members
Florida law recognizes that the impact of losing a family member extends far beyond financial considerations. Non-economic damages acknowledge the profound emotional and psychological suffering family members experience following a wrongful death. These intangible losses, while more difficult to quantify than economic damages, represent a significant component of wrongful death compensation.
The types of non-economic damages available depend on the specific relationship between the survivor and the deceased. Spouses may recover for loss of companionship and protection, while children may receive compensation for lost parental guidance and instruction. Parents of minor children may be compensated for mental pain and suffering. Unlike some states, Florida does not impose arbitrary caps on non-economic damages in most wrongful death cases, allowing for fair compensation based on the specific circumstances of each family’s loss and the relationship with the deceased.
Survival Actions vs. Wrongful Death Claims in Florida
Florida law distinguishes between survival actions and wrongful death claims—two separate legal mechanisms available following a fatality caused by negligence. Understanding the differences between these options is crucial for determining the appropriate path to seek justice.
Survival actions essentially continue personal injury claims the deceased could have filed had they survived. These claims focus on the deceased’s pre-death pain, suffering, and medical expenses. In contrast, wrongful death claims address the losses experienced by surviving family members after the death occurs. While both actions stem from the same incident, they compensate different parties for different types of damages. In some cases, pursuing both actions may be appropriate to fully address all damages resulting from the wrongful death. This strategic decision requires careful legal analysis of the specific circumstances surrounding the death and the needs of surviving family members.
Turn to St. Petersburg, FL Trusted Wrongful Death Attorney for Help
If you’ve recently lost a loved one due to the negligent actions of another party, Attorney Frank P. Marsalisi of Marsalisi Law can help. Please keep in mind that under Florida’s statute of limitations, families pursuing a wrongful death claim have two years to do so. When you partner with Marsalisi Law, you’ll have Frank’s full attention and will be treated with respect and compassion as he guides you through each step of the process so you can soon move forward in your life.
Frank’s dedication to his clients has earned him recognition as one of the Nation’s Top One Percent by the National Association of Distinguished Counsel. To schedule a free consultation and speak with Frank today, complete an online contact form or call at 727-800-5052.
