Protecting Survivors’ Rights When A Loved One Dies
If a person is killed through the negligence or wrongful act of another individual, Florida law allows surviving relatives to seek damages in a wrongful death lawsuit. While no amount of money will make up for the loss of a loved one, family members should not be hurt financially due to someone else’s negligent or willful act.
Under Florida law, a deceased person’s spouse, children, parents, plus any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services may seek compensation in a wrongful death lawsuit.
The personal injury attorneys at Jontiff & Jontiff provide assertive representation with an emphasis on compassion and sympathy in these cases.
What Can Be Recovered In A Wrongful Death Lawsuit
A wrongful death claim is brought in civil court and must be filed on behalf of the decedent’s estate and any surviving family members by the decedent’s personal representative. A wrongful death lawsuit may seek economic and noneconomic damages, including:
- Lost wages, benefits and potential future earnings
- Medical expenses the victim incurred that are directly related to the incident
- Funeral expenses
- The cost of services the decedent previously provided to family members
- Loss of guidance, companionship and protection the decedent provided
- Emotional pain and suffering of survivors
- Punitive damages may be recovered in cases where the action that caused the death was reckless or intentional
Proving A Wrongful Death Lawsuit
In order to succeed in a wrongful death lawsuit, it must be shown that the other party caused the death by acting in a negligent, reckless or intentional manner. It must also be shown that the amount of damages sought is warranted.
These cases are complex and often aggressively litigated. You need to have experienced personal injury lawyers advocating for you. We bring more than 25 years of cumulative experience to each case.
We work with highly regarded medical professionals, accident reconstruction specialists and other experts who help us build strong cases that get results. We also understand the grief that surviving family members are experiencing as we protect their rights through a wrongful death lawsuit. We bring a high degree of compassion and sympathy to these cases.
Prompt Action Is Important
Florida law states that a wrongful death lawsuit must be filed within two years from the time of death. There are some exceptions to this, but it is critical to enlist legal representation as soon as possible so evidence can be gathered in a timely fashion.
We welcome the opportunity to review the facts of your case and recommend a course of action. There are no upfront costs, and we only collect an attorney fee if we help you obtain a recovery. Call 305-674-1099 or use our online contact form to schedule a free consultation.