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In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death.
Failing to file a wrongful death claim within the wrongful death statute of limitations may prohibit the deceased’s family from ever receiving compensation for their loved one’s death.
The individuals entitled to sue for wrongful death are listed in each state statute."
Many statutes provide for recovery by a surviving spouse, next of kin, or children. Some states permit a surviving spouse to bring an action even in the event of a separation, but not if the surviving spouse was guilty of desertion or failure to provide support. It gets complicated when parents bring suit for a child’s death and vice versa.
Ordinarily, children may bring suit for the wrongful death of their parents, and parents may sue for the wrongful death of their children. In some states, only minor children are allowed to sue for the death of a parent. Similarly, some state statutes prevent a parent from recovery for the death of an adult child who is financially independent or married.
Some states limit the amount of money that can be recovered in a wrongful death action.
For example, many state and local governments that waive sovereign immunity set a maximum amount of damages that can be recovered for a wrongful death. However, a number of states do not limit the amount of damages for wrongful death.
FL Legal Group’s personal injury lawyers can answer your questions, review your potential case, and help determine if you have a personal injury claim to pursue compensation (money) from the negligent person or company that caused your injuries.
Unlike most negligence cases in Florida, where an injured party must file in four years, claims for the death of a person usually have to be brought within two years.
So, if a person is injured in a car crash or a slip and fall, he or she has four years to bring a case, but if that person is killed as the result of someone violating our safety laws, his or her family has less time to grieve and less time to investigate a case.
Wrongful death involves the taking of the life of an individual resulting from the willful or negligent act of another person or persons.
If a person has lost a loved one because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent’s death.
This area of Tort Law is governed by statutes.
Wrongful death statutes vary from state to state, the Florida Wrongful Death Act defines who may sue for wrongful death and what limits, if any, may be applied to an award of damages.
It is important to retain a wrongful death lawyer as soon as possible.
Losing a family member is a tragedy made worse when the death is a result of another party's negligence.
At a time like this, dealing with a wrongful death lawyer is the last thing you want to do; however, it's one of the first things you should do because of the way Florida law works.
At FL Legal Group, our attorneys have the knowledge and experience to handle death claims due to the fault of third parties.
When a person dies and you suspect it is the result of another person's actions, talk to the lawyers at FL Legal Group.
We offer a FREE consultation for injury matters.
We can help discuss what to expect and shoulder the load for you in your time of grieving.
We can also take steps to hold wrongdoers accountable for their actions.
For these reasons and many more, the most important time to get a wrongful death lawyer when a family member is taken from you and your family is IMMEDIATELY after the incident.
Witnesses move, memories fade, video is erased and damaged vehicles are fixed or sold, but our lawyers can take steps to secure vital evidence that you will need early on in the case.
Wrongful death statutes do not apply to an unborn fetus, as an individual does not have a distinct legal status until he is born alive.
If an infant is born alive and later dies as a result of an injury that occurred prior to birth, an action may be brought for wrongful death.
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