Losing a loved one in a fatal accident can cause you to experience many different emotions, like grief, rage, and even confusion. There are no words to describe the devastation of a wrongful death accident. Sometimes, the responsible party may attempt to offer an inadequate amount of money to compensate for their negligence. However, you and your loved one deserve more than just what they are willing to offer.
Not only are you navigating the absence of an important person in your life, but also potential financial hardships from the accident. If the individual was the primary provider of your household, you might question how you will afford funeral costs on top of everyday expenses like a mortgage and car notes. Before accepting any monetary compensation from the responsible party, speak with a lawyer about your legal options.
Who Can File a Wrongful Death Claim in Florida?
In Florida, there are specific restrictions when handling and filing a wrongful death claim. Most residents are unsure how to handle the situation and whether they should go to court and speak with a lawyer. Even though taking legal action as soon as possible is important, you may risk your rights and obtaining justice if you choose not to speak with a lawyer.
While some states allow a deceased person’s relatives to file a wrongful death lawsuit, Florida law requires a personal representative, otherwise known as an executor, to file a wrongful death claim. A personal representative is either named in a will or estate plan during the person’s life, or a judge may appoint them if the deceased left no will or estate plan. Personal representatives act on behalf of the deceased and must list their estate, any surviving family members, and all potential beneficiaries when filing the claim.
Whether you or another individual is appointed as a personal representative, seeking legal advice and representation from an experienced lawyer is essential to receive the best possible outcome.
Damages You May Recover in a Florida Wrongful Death Claim
While no amount of monetary compensation could ever amount to the loss you suffer in an accident, it may alleviate the financial weight and burdens you suffer and provide you with the relief you need to properly mourn the loss of your loved one. You may also hold the negligent party accountable for their actions and prevent anyone else from suffering fatal injuries from their inexcusable actions. Every accident is unique, but the following are a few examples of damages you may be able to recover in a wrongful death claim:
- Funeral expenses;
- Emotional losses;
- Loss of companionship;
- Financial support equivalent to the deceased’s income;
- Medical expenses the deceased incurred before death;
- Other necessary damages to cover the loss.
Like other lawsuits, a court designates a certain amount of time when filing a wrongful death claim, also known as the “statute of limitations.” Florida’s statute of limitations for most wrongful death claims is two years from the date of the person’s death. If you or the personal representative do not file a lawsuit within that period of time, you may lose the ability to receive justice and monetary compensation for your loved one’s death.
Partner With a Compassionate Florida Wrongful Death Lawyer at Marsalisi Law
One of the hardest challenges someone can suffer is losing someone in a wrongful death accident. Marsalisi Law understands how challenging the process can be and will stay by your side every step of the way. Known by our community and peers as a devoted and responsive firm, you can trust our team to do everything in our power to provide you with the best possible outcome for your claim. Know that we speak English and Spanish so that we can converse in your preferred language during your consultation.
Marsalisi Law is Where Law Gets Personal!