If you’re coping with a loved one’s death due to someone else’s negligence, no amount of money can replace your heartfelt emotional loss. However, the West Palm Beach compassionate wrongful death legal team led by Attorney Salesia Smith-Gordon may help you seek justice during this emotionally devastating time.
Wrongful death resulting from injury caused by civil negligent actions may be brought for intentional or unintentional acts that created a natural, direct series of events leading to the injury.
Under Florida law, survivors such as the decedent’s spouse, children, parents and other blood relatives that were partly or wholly dependent on the decedent for financial support have a “right of action” for wrongful death.
In a wrongful death lawsuit, plaintiffs may be able to recover expenses for legal damages, such as:
- Medical and funeral expenses
- Loss of income and family support
- Emotional suffering
- Loss of companionship
- Mental anguish
- Children’s loss of guidance or supervision
The lawsuit must be able to prove that the acts or omissions by the defendant were the proximate cause of death.
Due to the short two-year statute of limitations (deadline) to file suit for a wrongful death claim in Florida, it is important to act quickly to preserve your rights; contact us today at (561) 655-9279.
We understand your grief for the loss of a loved one due to the reckless conduct of another person and would like to find out more about your options and how to proceed with a claim; please contact us at (561) 655-9279.
Below are some of the most common questions we are asked regarding wrongful death:
1) What does the term wrongful death mean?
A wrongful death is a death caused by the wrongful act of another, either accidentally or intentionally. A claim for wrongful death is made by a family member of a deceased person to obtain compensation for having to live without that person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.
2) What is the difference between the term wrongful death and murder?
Murder is an intentional criminal act prosecuted by the State seeking jail, prison or death penalty. Wrongful death cases result from the carelessly negligent actions of another.
“The purpose of the wrongful death statute is not to punish those who may have caused the death, but rather, is to compensate those who may have suffered a loss as a result.”
3) Who can file a wrongful death claim?
The executor of the decedent’s estate or court-appointed Personal Representative, usually a member of the family, may file a claim on behalf of “survivors” such as the spouse, children and/or blood relatives.
4) Is there a time limit on filing a wrongful death claim?
The statute of limitations (SOL) in Florida is typically two years under Florida’s Wrongful Death Act, and that time commences “when the last element constituting the cause of action occurs,” according to Fla. Statute Section 95.11(4)(d) and Section 95.031(1). Although there may be extenuating circumstances that extend the SOL, if you believe that your loved one died because of the wrongful actions of another person, I strongly suggest you consult an attorney soon to determine your legal rights and give time to prepare a case. Contact us at (561) 655-9279.