Are you suffering from the wrongful death in Florida of a loved one? Each day over 155,000 people die around the world. That number includes wrongful deaths.
Are you wondering what to do when you experience the loss of a loved one due to negligence? In this article, explore what to expect when you file a claim. Read on to learn all about this and more to find out how the legal proceedings of this work in the state of Florida.
What Is Wrongful Death?
Wrongful death cases in Florida are claims that are brought to civil courts regarding compensation. It’s when someone’s negligence leads to the wrongful death of another person. This can include direct acts as well. It’s different from manslaughter, murder, and homicide since those go to criminal instead of civil courts.
Wrongful death examples:
- Criminal assault
- Fatal dog bites
- Slips and falls
- Workplace injuries
- Hazardous conditions due to animals on roads
- Birth injuries
Who Can File a Wrongful Death Suit in Florida?
When you have your wrongful death attorney, Florida requires the personal representative to file the claim. This representative can be in the estate plan or will. In the case of no estate plan or will, then the courts will choose a personal representative.
If you’re the adoptive sibling, blood relative, child, parent, or spouse of the person who passed, you may recover damages in a Florida case. Each state has its own laws regarding this so if you’re not in Florida, you’ll want to check your own state’s rules.
The point of it is not to punish the defendant, but instead to compensate the loved one’s survivors. Before heading to court, it’s a good idea to speak with an attorney to see your options and understand the different laws.
Statute of Limitations for Wrongful Death in Florida
In the state of Florida, they allow you 2 years from the date of death. If it’s not brought up within this time, then the claim might be barred forever.
Limitations are there in order to stop evidence from disappearing, or witnesses to forget what happened. If it’s due to a homicide, then it falls under the Jeffrey Klee Memorial Act. This is because homicide investigations can take years before another person is found guilty.
Compensation
Wrongful death claims are available in order to help you recover both emotionally and economically. Compensation is there in order to pay for all present and future work income that won’t be collected. This can also include medical expenses as well.
Lost income will be calculated by taking a look at your loved one’s age when they die, and their life expectancy. Also, their normal earnings will be taken into account as well. Sometimes, you might be entitled to suffering and pain compensation as well.
If the defendant is found to be reckless, negligent, or intentional, then the courts might give punitive damages as well. This is where the defendant is punished in order to avoid similar acts in the future.
What Is Criminal Court?
Criminal court is where crimes or actions that violate the laws in this country take place. It’s where you hear a case and decide whether the defendant is guilty or not. If found guilty, they’ll receive punishment such as a fine, prison sentence, or a mixture of both.
What Is Civil Court?
The civil court usually handles civil disputes. This can be between individuals or corporations. It can include property disputes, divorce, adoption, landlord and tenant issues, debt, injuries, etc.
What if You Can’t Afford a Lawyer for Civil Court?
If you can’t afford a lawyer for civil court you’ll need to contact legal aid. Also, you can reach out to not-for-profit agencies as well.
You can also reach out to your local bar association. They’ll find you a lawyer in your area who is licensed and has experience with the problem you’re facing.
Some lawyers will meet with you for less than $50 for the initial meeting if you go through the bar association. Go over the fee agreement before picking a lawyer to decide if they’re within your budget.
For cases of worker’s compensation, medical malpractice, or car accidents, there normally aren’t fees. The lawyer gets paid if you win the case in these situations.
How To Pick a Lawyer?
Check online to see reviews for different lawyers in your area. Check the search engines and their websites. Before meeting with them, have all of the important documents necessary for the case.
Ensure that you ask questions as far as when you can expect answers to questions, and how their fees work. Ensure that the fees are within your budget. If they’re not, then you’ll want to explore other lawyers in your area.
Also, ask about experience. Ask if they’ve handled similar cases before, and how they worked out.
Find out how many years they’ve been a lawyer for as well. You can also check for testimonials from previous clients to see what they have to say.
What To Expect for Wrongful Death in Florida
Now that you’ve explored what to expect for wrongful death in Florida, you should have a better idea if your case fits these claims. Or, if a criminal court will be a better option for the case of your loved one.
Would you like to read business content? For everything from business to education, check out our other articles on our site today.
