A wrongful death claim may be brought to court when one party’s negligence causes the untimely passing of another individual. If you have suffered the tragic loss of a loved one due to someone else’s reckless misconduct, do not hesitate to reach out to a Belle Glade wrongful death lawyer to discuss pursuing justice on their behalf. A compassionate personal injury attorney from our firm could help evaluate your case and identify your potential options to recover damages from responsible parties. En Español.
Overview of Wrongful Death Claims
Florida Statutes §768.19 states that any death caused by another person or entity’s negligence, wrongful act, breach of contract, or default. Under this statute, the estate of the decedent may bring a wrongful death lawsuit for damages related to the victim’s death and resulting losses.
Wrongful death lawsuits in Belle Glade could arise from many situations, such as:
- Automobile accidents
- Mislabeled or defective products
- Workplace hazards
- Medical malpractice
- Intentional criminal torts
Parties Who Can File a Claim
State law allows the personal representative of the decedent’s estate to file a wrongful death claim. They may be named in the decedent’s estate plan or will, or one could be appointed by the court if they didn’t have a will. While a wrongful death claim can be filed by the decedent’s personal representative, it would be brought on behalf of any surviving members of their family.
As such, the personal representative must list each surviving family member who has an interest in the claim. An attorney could help the decedent’s spouse, children, parents, and any adoptive siblings or blood relatives who were wholly or partly dependent on the decedent for support recover damages in a Belle Glade wrongful death case.
Deadline to File a Lawsuit
FL Stat §95-11(4)(d) requires that any wrongful death lawsuit in Belle Glade be filed within two years of the victim’s untimely passing. However, the deadline could be postponed in some circumstances. A Belle Glade lawyer with experience handling wrongful death cases could help the plaintiff determine precisely when the statutory deadline runs out in their specific case.
FL Stat §768.21 establishes the state’s laws for awarding damages in wrongful death claims. Damages that surviving members of the decedent’s family may recover in these kinds of cases include the following:
- The value of support that the decedent provided to the surviving family member
- Emotional and mental pain and suffering
- Loss of guidance, protection, and companionship
- Funeral or medical expenses any surviving relative of the decedent’s family has paid in connection with the victim’s death
The decedent’s estate could also qualify to recover specific types of damages including lost benefits and wages as well as funeral and medical expenses.
Hire an Accomplished Belle Glade Wrongful Death Attorney Today
When you lose someone you love because of the negligent actions of another individual or entity, you should contact a skilled and experienced Belle Glade wrongful death lawyer to see what recourse could be possible. An attorney could help you determine whether you have a valid claim under the state’s wrongful death laws and zealously pursue compensatory damages for your losses. Call now to set up your initial case consultation with one of the attorneys at Domnick Cunningham and Whalen.
Speak to a member of our team today.