In Florida, the wrongful death statute ensures that individuals liable for someone’s wrongful death should be held responsible for their actions. While the aftermath of a wrongful death claim can be gut-wrenching, the law ensures a deceased person’s loved ones get the compensation they need after their loved one passes. In this post, we’ll discuss why you need to hire a personal injury attorney after an accident and wrongful death claim.
Who Can File a Wrongful Death Claim in Florida?
In Florida, a deceased persons’ personal representative is in charge of filing a wrongful death claim. In the eyes of the law, that person is responsible for acting on behalf of the deceased person, their estate, and their survivors.
If the deceased person had a will or testament, that document likely identifies a personal representative. If the deceased person died without a will or did not appoint a personal representative. The court will name one for the lawsuit.
The Most Common Types of Wrongful Death Claims
Not every accident qualifies as a wrongful death claim. These, however, are the most common kinds:
- An auto accident that results in a death
- Defective vehicles, dangerous or unkept roadways, poorly maintained roadways
- Medical malpractice and medical procedures gone wrong
- Intentional criminal actions that result in a death
- Product liability
- And more
If you watched your loved one succumb to injuries after any of these experiences, you may be entitled to recovery from a wrongful death claim.
When to Hire a Personal Injury Attorney
In Florida, the wrongful death statute specifies which persons are eligible to receive damage awards from a wrongful death lawsuit. However, the condition is that the case must name all the survivors who are entitled to receive compensation on behalf of a deceased person. Here are a few things to be aware of when it comes to a personal injury case:
- Recoverable damages may include the cost of support for the deceased person until he or she dies.
- You may be able to recover funeral or medical expenses.
- In some cases, pain and suffering can be recoverable damage.
- Some loved ones may be able to recover lost income and other expenses.
Because every personal injury case is different, it’s smart to hire a personal injury attorney as soon as you think you have a claim. A lawyer will walk you through the case and help you understand your rights and ability to collect benefits.
Honor Your Loved One With a Personal Injury Attorney
Navigating a loved one’s death can be devastating, mostly when the death was unexpected or preventable. While we can’t bring your loved one back, the team here at Ward & Barnes can represent you in a wrongful death claim. Our team will provide the logical, experienced advice you need to understand your rights and keep moving forward. Contact us today to learn more.