Articles Posted in wrongful death

When a fatal accident claims the life of a victim, entire households suffer the financial and emotional consequences that turn their lives around. Fortunately, filing a wrongful death claim in Florida allows Miami families to seek compensation after a loved one’s death caused by negligence. 

It is critical to learn who can file, what damages are available, and how local laws impact your case in South Florida. While you should trust a Miami wrongful death lawyer for advice about your specific circumstances, you can review this guide on what families need to know after a fatal accident.

Basic Florida Wrongful Death Laws

Fatal accidents are devastating for survivors, so it is a relief to know that you have rights. Under the Florida wrongful death statute, certain individuals can recover compensation for the losses they sustain. The deceased person’s representative can file a wrongful death case on behalf of the surviving spouse, children, and others listed in the statute.

These cases are complicated, but you can trust a Miami wrongful death attorney to help you avoid the biggest mistakes that can hurt your lawsuit. They include:

Delaying Legal Action After a Fatal Accident

Losing a loved one due to someone else’s negligence is devastating, changing your life in ways you never expected. When facing such overwhelming loss, you may gain some comfort knowing that you have rights under Florida law. Your legal remedy is termed a wrongful death claim, and you will go through the legal process to recover compensation. One major factor that affects the timeline of a lawsuit is Florida’s statute of limitations for wrongful death cases. You have two years to file a case in court. 

However, there are many other considerations when looking at how long it takes to resolve a wrongful death case. Your Miami wrongful death lawyer can explain how the following issues may affect the process.

Factors That Influence Wrongful Death Cases

Losing a loved one in an accident is an unimaginable tragedy, but there are implications beyond the grief. In the aftermath, financial losses come to the forefront, leaving you with questions about seeking compensation. Florida’s Wrongful Death Act allows certain individuals to file a wrongful death lawsuit to recover monetary damages for these losses. If someone else’s negligence caused your loved one’s passing, you may have a claim. 

An important factor regarding your rights is who can be a party in a Florida wrongful death case. There are legal requirements, and you must comply with the rules in order to obtain the compensation you deserve after suffering such a horrific loss. A Miami wrongful death lawyer will ensure your case stays on track, whether through settlement discussion or litigation. You can also benefit from some information about the laws.

Standing in Wrongful Death Cases

Accidents and careless conduct cause injuries to millions of victims every year, but these unfortunate incidents can also be tragic when they lead to fatalities. Victims of all ages are killed when others are negligent, failing to exercise reasonable care. At-fault parties cause traffic crashes, slip and falls, construction accidents, medical malpractice, and many other deadly incidents. It is fortunate that you have legal options to recover compensation as a survivor through a wrongful death claim. However, you should also be aware of deadlines under Florida’s statute of limitations. 

The statute of limitations can have harsh consequences if you take too long to pursue your remedies, but moving quickly is also important for many other reasons. You should discuss your options and the claims process with a Miami wrongful death lawyer to ensure you do not miss critical deadlines. Plus, it is also useful to review some details about how long you have for a wrongful death case.

Deadlines Under Florida’s Statute of Limitations

Accidents are a leading cause of death in the US, and a factor that makes them even more tragic is that they are preventable. Negligence by others is the reason behind motor vehicle crashes, slip and falls, medical malpractice, dog bites, and related incidents. Fortunately, Florida’s wrongful death law allows surviving family members to seek damages from the negligent party. Your first step in the legal process is usually filing an insurance claim and attempting to settle, but you may need to go to court if the insurer does not agree. 

There are numerous benefits to settling a wrongful death case, and the majority of claims are resolved by agreement. However, when you are taking legal action, you probably wonder about the court’s involvement in your settlement discussions. There are laws and procedural rules that cover these cases, and you do not want pitfalls to stand in the way of enforcing your rights. While it is important to retain a Miami wrongful death attorney for help, some information on court approval of settlements is useful.

Court Approval for Settlements

When someone is killed in an accident, there may be two types of legal claims by surviving family members. One is wrongful death, in which they are seeking compensation not as actual victims of the incident – but as victims of the aftermath due to the void left behind by their loved one’s death. The other is a right of survival action under Florida law, which views the deceased person as the victim. The statute provides that the power to sue the at-fault party for negligence continues even after the death, where the victim could have pursued a lawsuit if he or she had lived. 

Wrongful death and survival actions might seem similar, but you can see how the laws define the victim of a fatal accident differently depending on the approach. This factor is especially important when a significant amount of time has passed from the date of the accident to the date of death. You can learn details by consulting with a Miami wrongful death lawyer.

Survival Actions and Noneconomic Damages