Do I Qualify for a Wrongful Death Claim?

Coping with the unexpected death of your loved one is painful enough, but realizing that their death was due to another person’s negligence, recklessness, or deliberate actions just adds salt to the wound. Although no amount of money can relieve your emotional distress, this may be the only way in which you can bring justice to this unfortunate situation. Continue reading to determine if you qualify for a wrongful death claim and how an experienced Broward County wrongful death lawyer at The Finizio Law Group can work through the claims process on your behalf.

Am I eligible to file a wrongful death claim in the state of Florida?

If you depended on your loved one financially and emotionally and they ultimately passed away due to the negligence of another party, you may be eligible to receive monetary compensation by filing a wrongful death claim. This is by the Florida Wrongful Death Act, which seeks to shift the losses sustained from the death from the decedent to the party responsible for the death. Notably, a wrongful death claim is a civil action that is separate from the criminal charges the at-fault party may or may not be facing depending on the circumstances of the case.

What damages can I recover in a wrongful death claim?

After the unexpected loss of your loved one, you may recover a wide array of damages via a wrongful death claim. The damages at hand can be economic or non-economic, and include, but are not limited to, the following:

• Economic damages:
  • The cost of funeral and burial expenses.
  • The cost of medical care given to your loved one before they passed away.
  • The cost of lost wages that your loved one would have provided in the future.
  • The loss of benefits that your loved one would have provided in the future.
• Non-economic damages:
  • Emotional suffering and mental anguish.
  • The loss of enjoyment of life.
  • The loss of companionship, supervision, and guidance, especially for the loved one’s children.

What is the statute of limitations for a wrongful death claim in the state of Florida?

During this difficult time, taking legal action may not seem like a priority. However, there is a very narrow window in which you can file a wrongful death claim. Specifically, in the state of Florida, the statute of limitations to file this claim is just two years from the date of your loved one’s death. Failure to meet this deadline will ultimately bar you from suing. To avoid this, it is in your best interest to retain the services of a skilled Broward County personal injury attorney as soon as possible.

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