When Grief Meets Injustice: Holding Those Responsible for Wrongful Death

By April 4, 2023Blog

Did you know that the law firm of DefendBrevard.com helps clients who have lost a loved one due to wrongful death?

Recently, our firm was able to obtain favorable financial compensation for a client who lost his son in an ATV roll-over accident.

Losing a loved one due to a wrongful death incident is a tragic experience for families. It can be a confusing and overwhelming time, and many families may not know what legal options they have. As a wrongful death attorney in Florida, I have seen firsthand how important it is for families to have an attorney to represent them during this difficult time, especially when considering the statute of limitations.

What is Wrongful Death Under Florida Law?

Wrongful death under Florida law occurs when a person dies as a result of someone else’s negligence, default, breach of contract, or tortious conduct. Wrongful death can occur in various situations, such as car accidents, medical malpractice, workplace accidents, and defective products.

  • Car Accidents: If a person is killed in a car accident caused by another driver’s negligence, their surviving family members may be able to file a wrongful death lawsuit.
  • Medical Malpractice: If a person dies due to a medical professional’s negligence or failure to provide proper care, their surviving family members may be able to file a wrongful death lawsuit.
  • Workplace Accidents: If a person dies in a workplace accident due to their employer’s negligence or failure to provide a safe working environment, their surviving family members may be able to file a wrongful death lawsuit.
  • Defective Products: If a person dies due to a defective product, such as a faulty airbag or dangerous medication, their surviving family members may be able to file a wrongful death lawsuit.

In Florida, the surviving spouse, children, or parents of the deceased person can file a wrongful death lawsuit. However, in some cases, the personal representative of the deceased person’s estate may also file a wrongful death lawsuit on behalf of the surviving family members.

What Are the Legal Options in Florida?

If you have lost a loved one due to a wrongful death incident, you may be able to file a wrongful death lawsuit in Florida. The statute of limitations for filing a wrongful death lawsuit in Florida is two years from the date of the deceased person’s death. If the lawsuit is not filed within the two-year period, the court may dismiss it, and the surviving family members may lose their right to seek compensation for their losses.

The purpose of a wrongful death lawsuit is to seek compensation for the losses the surviving family members have suffered as a result of their loved one’s death. These losses can include medical expenses, funeral expenses, lost wages, and loss of companionship. An experienced wrongful death attorney can help you determine the appropriate damages for your case and seek fair compensation on your behalf.

Why is it Important to Have an Attorney in Florida?

Having an attorney is crucial in a wrongful death case in Florida. An attorney can provide you with legal guidance, help you navigate the complex legal process, and ensure that your legal rights are protected. They can also investigate the incident, gather evidence, and build a strong case on your behalf.

An attorney can also negotiate with insurance companies and other parties involved in the case to ensure that you receive fair compensation for your losses. Insurance companies and other parties may try to offer a quick settlement that is less than what you are entitled to. An attorney can help you understand the true value of your case and negotiate on your behalf to ensure that you receive the compensation you deserve.

If you have lost a loved one due to a wrongful death incident in Florida, it is important to seek the advice and representation of an experienced attorney. The statute of limitations for filing a wrongful death lawsuit in Florida is two years from the date of the deceased person’s death. Without an attorney, families may not understand the legal options available to them or the true value of their case. An attorney can protect your legal rights, help you navigate the legal process, and ensure that you receive fair compensation for your losses. 

Your team at DefendBrevard.com will include Jessica J. Travis, an attorney since 1999, a certified paralegal, and a civil case manager who worked for an insurance company for over twenty years.  Put our experience in your corner and let us help you through this difficult time.