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Suing for Wrongful Death: How To Know if You Have a Wrongful Death Claim in Florida

April 15, 2024 – Adam Mann

Suing for Wrongful Death: How To Know if You Have a Wrongful Death Claim in Florida | Call (800) 332-6436

Losing a loved one is one of the most devastating experiences a person can endure. The grief, the pain, the sense of loss — it can be overwhelming. When that loss is due to the negligence or wrongful actions of another, the emotional turmoil is compounded by a deep sense of injustice.

If you find yourself coping with the sudden and tragic passing of a family member or close friend, you may be wondering if you have grounds for a wrongful death claim. The legal process can seem daunting, but understanding your rights, and whether you qualify for compensation is an important step in the healing journey.

In this blog post, we’ll explore the necessary criteria when suing for wrongful death in Florida. No amount of money can undo the profound loss you’ve experienced, but the legal system can provide a means of holding responsible parties accountable and securing the resources your family needs to move forward.

Are you considering suing for wrongful death? Contact an experienced South Florida wrongful death attorney to discuss your case at (800) 332-6436.

At Cohen & Cohen Law, we are here to be the experience you need and the representation you can trust with your wrongful death case.

What Is Wrongful Death in the State of Florida?

According to the legal definition, in the state of Florida, a wrongful death claim can be pursued when an individual’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another party. This includes a wide range of scenarios, from fatal car accidents and medical malpractice, to workplace accidents and even defective product-related deaths.

Essentially, wrongful death occurs when someone loses their life prematurely due to the careless or intentional actions of another person or entity. In these cases, Florida law allows the deceased’s family members to seek financial compensation from the responsible party through a civil lawsuit.

It’s important to note that wrongful death claims are distinct from criminal charges. While a criminal case focuses on punishing the perpetrator, a wrongful death lawsuit is a civil matter which aims to provide financial relief to the victim’s loved ones. This means that even if law enforcement is unable to pursue criminal charges, wrongful death lawyers in Florida may still be able to help families seek justice through the civil court system.

Navigating the complexities of Florida’s wrongful death statutes can be daunting, particularly while grieving. That’s why it’s crucial to consult with experienced wrongful death lawyers in Florida who can evaluate the details of your case and determine the best path forward.

Is There a Statute of Limitations in Wrongful Death Cases?

Yes, when suing for wrongful death in Florida, there is a strict statute of limitations. Families typically have two years from the date of the incident that led to their loved one’s death to file a claim. This time limit is set by the state’s Wrongful Death Act and in the vast majority of cases, it is strictly enforced.

This cannot be overstated: if you believe you may have grounds for a wrongful death claim, it’s crucial to consult with a Florida wrongful death lawyer as soon as possible. They can ensure your case is filed within the appropriate time frame and help you navigate the complex legal process.

Who May File the Wrongful Death Claim?

Under Florida law, only certain individuals are eligible to file a wrongful death claim. A South Florida wrongful death attorney can help determine if you qualify, but in general, the following parties may pursue a lawsuit:

  • The deceased’s spouse
  • The deceased’s children
  • The deceased’s parents
  • Any blood relatives or adoptive siblings who were wholly or partially dependent on the deceased

The order of priority is typically spouse, children, parents, and then other dependents. A South Florida wrongful death attorney can ensure your claim is filed by the appropriate party within the necessary timeframe.

Who Receives Damages in a Wrongful Death Claim?

If a wrongful death claim is successful, any monetary damages awarded will be distributed to the deceased’s surviving family members. In most cases, Florida law dictates that wrongful death damages should be paid out in the following order:

  • The deceased’s spouse
  • The deceased’s children
  • The deceased’s parents
  • Any other blood relatives or adoptive siblings who were dependent on the deceased

The goal is to provide financial support to those who have suffered the greatest loss due to the untimely and unnecessary death of their loved one.

How Long Does a Wrongful Death Claim Process Take?

The timeline for a wrongful death claim in Florida can vary significantly depending on the specific details of the case. Generally, you can expect the process to take anywhere from several months to a year or more. A Florida wrongful death lawyer can provide a more accurate estimate based on the unique circumstances of your claim.

Trust the Knowledgeable & Experienced Wrongful Death Attorneys at Cohen & Cohen Law with Your Claim

At Cohen and Cohen Law, we understand the emotional turmoil of losing a loved one due to negligence or wrongful actions. With over 50 years of experience helping grieving families in South Florida seek justice and financial compensation, we are committed to fighting tirelessly on your behalf to hold responsible parties accountable and secure the resources your family needs to move forward. Call us at (800) 332-6436 or complete our online form to schedule a free consultation.

Copyright © 2024. Cohen and Cohen Law. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Cohen and Cohen Law
4000 Hollywood Blvd penthouse 705s
Hollywood, FL 33021
(800) 332-6436

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