The death of a loved one may be an extremely difficult and life-changing ordeal under any circumstances. Emotions may run even higher and grief could become even more complex when the death was avoidable or caused by the negligence of another party.
Since Florida law provides legal remedies for those who have suffered the wrongful loss of a loved one a Clearwater wrongful death lawyer could help you use those remedies to pursue the full amount of compensation to which you may be entitled. Contact a compassionate personal injury attorney to get the help you and your family may need to recover financially for the wrongful death of a family member.
Wrongful Death Laws
As discussed in Florida Statutes §768.19, certain designated parties may have the right to bring a civil lawsuit on behalf of a deceased party or their estate when the deceased party’s death was caused by a wrongful act, negligence, default, or a breach of contract. The goal of the lawsuit is to seek legal remedy for their death and any other losses arising out of it, whether financial, emotional, or physical in nature.
Filing a Lawsuit
In Florida, only a personal representative of the estate of the deceased party may file a wrongful death claim. This person is typically named in the will or estate plan of the decedent. If no person is listed, the court could appoint a personal representative.
Regardless of who specifically files the suit, any damages recovered are on behalf of the deceased’s estate and any surviving family members. Every survivor who may have interest in the case must be listed in the wrongful death case filing.
Individuals who might be entitled to recover damages in a wrongful death in order of priority case in this state include:
- The deceased’s surviving husband or wife
- Children of the deceased
- Parents of the deceased
- Any biological relatives or adoptive siblings who are dependent in part or in whole on the decedent for support or services
A Clearwater wrongful death lawyer could help ensure that each party is listed and that the suit is filed on time.
Statute of Limitations
A statute of limitations is a state-imposed deadline to file a wrongful death lawsuit. As per Florida Statutes §95.11(4)(d), a wrongful death lawsuit in Clearwater must be filed within two years from the date of the death. However, under special circumstances, the statute of limitations could be postponed.
An experienced Clearwater wrongful death attorney who is familiar with Florida’s wrongful death statutes may be able to help determine when the statute of limitations for an individual claim expires. If this deadline passes without a filing, the deceased’s family members or representatives may forever lose their opportunity to recover damages for the death.
How a Clearwater Wrongful Death Attorney Can Help
A compassionate and skilled Clearwater wrongful death lawyer could help you seek justice on behalf of your deceased loved one and your family. Given how emotionally taxing the death of a family member might be, especially when it was due to the actions or inactions of another party, an experienced attorney could treat these cases with the utmost respect and compassion.
Even though a civil damage award cannot undo what has been done, a successful verdict may be able to provide you hope for the future and some measure of closure. When you are ready, call to schedule a consultation and learn more about legal representation in a wrongful death case.
