It’s a saddening situation when you’re a surviving family member filing a wrongful death lawsuit. However, a wrongful death lawsuit is a necessary step to be compensated when a loved one was killed due to another individual’s negligence or reckless behavior.
In Florida, the statute of limitations for wrongful death is two years of the date of death. Like with any lawsuit, you must be able to prove that your loved one was the victim of wrongful death to be eligible for compensation.
You must also show that you suffered damages due to your loved one’s death. It’s important to hire a wrongful death lawyer in South Florida because the lawyer understands the legal issues surrounding the case and can negotiate on your behalf.
At Lieberman Injury Law, we specialize in wrongful death cases.
In this article, we will explain whether you are eligible to file a wrongful death lawsuit and what steps you must take.
Who can file a wrongful death lawsuit?
In the state of Florida, some relatives are excluded from filing a wrongful death claim. However, close relatives are eligible to file. This includes:
- Relatives who were dependent on the victim (including adopted siblings)
- Adopted children
- Children born out of wedlock to a mother/father
Surviving relatives and beneficiaries of the victim may be able to collect damages to help cover the following expenses:
- Funeral and burial costs
- Medical expenses
- Loss of services
- Loss of financial support (including future earnings)
- Loss of companionship and care
- Pain and suffering
As a surviving family member, recovering damages places the financial responsibility on the negligent/reckless party.
Additionally, if you were financially dependent on the victim, damages will ease the financial burden you may soon face, not just for medical expenses and funeral costs, but the loss of future income.
It is your right to contact a wrongful death lawyer in South Florida and seek justice.
What Causes of Wrongful Death are Recognized?
Common causes of wrongful death that are recognized by the court include:
- Vehicular accidents
- Truck accidents
- Bike accidents
- Medical malpractice
- Criminal acts
- Nursing home abuse/neglect
- Product defects
- Work-related accidents
In each of these situations, you and your wrongful death lawyer in South Florida must be able to provide negligence of the defendant, breach of duty (i.e., in an automobile accident, the defendant should have obeyed traffic laws), causation (how the defendant caused the accident), damages (you must quantify how much you are owed).
How to File a Wrongful Death Claim
There is a complicated procedure in place for filing a wrongful death claim.
First, you should determine whether you are a family member who is eligible to file. You must then learn your state’s statute of limitations for wrongful death lawsuits. This will vary by state.
Again, in Florida, you have two years from the date of death to file a claim.
Next, you will need to file documents to start a lawsuit, which officially notifies the defendant(s) of the lawsuit.
These steps may seem straightforward and feasible, but there are many nuanced aspects within each step that make it difficult to handle if you are not a lawyer.
It’s highly recommended to contact a wrongful death lawyer in South Florida to review your case. Consult a lawyer at Lieberman Injury Law because what you don’t know can hurt you. We offer a free, no-obligation consultation.
How Our Lawyers Can Help You
If you think you can save money by not hiring a lawyer, there are a few reasons why you should reconsider.
First and foremost, lawyers know how to correctly navigate a wrongful death suit. They can help you build the strongest case possible. If you handle it on your own, you are likely to make mistakes and one wrong step can result in losing justice for your loved one.
A wrongful death lawyer in South Florida can deal with insurance companies to obtain a fair settlement rather than going to trial. Insurance companies hire cutthroat lawyers for this very reason, and without legal representation, they may try to take advantage of you.
Contact Lieberman Injury Law today and we’ll help you get maximum damages.