Florida Wrongful Death Claim Help
If your family member was killed in Florida, our Florida wrongful death lawyers at the Law Offices of Jason Turchin can help you through this difficult time. Over the years, we’ve handled hundreds of accidental death claim cases in Florida. If your loved one was fatally injured, call FL wrongful death lawyer Jason Turchin for a free consultation at 1-800-337-7755.
When a loved one dies, hiring an attorney or taking legal action is often overlooked by loved ones who have suddenly become consumed by funeral costs, grief, estate planning, and many other expenses. If your loved one died as a result of another’s negligence or a wrongful act, however, you should consider making hiring a Wrongful Death lawyer a top priority.
What is Wrongful Death?
Wrongful death may occur when a person dies due to the negligence or the misconduct of another person or entity. Simply put, when we go about our daily lives, we are expected to behave the same as a reasonably prudent person in the same circumstances would. If we fail to conduct ourselves in such a reasonable way and someone is fatally injured, our conduct may be considered negligent, reckless, or wrongful.
When this happens, Florida Statute § 768.19 provides that the decedent, also known as the personal representative of the deceased’s estate, may bring a civil action to recover damages not only for the death itself, but for the financial burdens that come with it and pain and suffering for those specified under Florida law.
Causes of Wrongful Death
Some of the most common causes of wrongful death include:
Is Wrongful Death a Criminal or Civil Matter?
There are many circumstances in which negligence and especially wrongful acts may constitute a crime. For example, if a truck driver is driving drunk and causes a fatal accident. The state government might prosecute the truck driver for manslaughter or vehicular homicide caused by criminal negligence.
Wrongful death claims, however, are civil actions or lawsuits filed by the representative of the deceased’s estate, not by the government. So in the scenario above, the personal representative might make a wrongful death claim against the agency or company for knowingly hiring and allowing a dangerous and reckless individual to operate their trucks.
Time Constraints and Wrongful Death
When a loved one dies due to the negligence or wrongful act of another, it is important to act quickly. The time limit you have to file a lawsuit is called the statute of limitations. Every state sets its own time constraints on when a person may file a lawsuit for a number of different claims.
Florida sets the statute of limitations for wrongful death at just two years, which is why it’s so important to get in touch with a wrongful death lawyer as soon as possible, or risk losing your right to bring a lawsuit for wrongful death before the court. Even though some family members may wish to wait to pursue a claim, filing the claim as soon as possible can help preserve evidence which could disappear over time.
Florida Wrongful Death Law
Each survivor under Florida law may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors. There are other damages you may be entitled to as well.
If a loved one died due to the wrongful act or negligence of another, you should act as quickly as possible if you may pursue a civil claim for compensation. Jason Turchin and his team of Florida wrongful death attorneys want you to receive the damages you deserve to help your peace of mind during this most difficult time. Call us for a free consultation today at 1-800-337-7755.