November 13, 2014
Losing a loved one is never easy, but when the death was caused by negligent behaviors of another person, your grieving can intensify. While taking legal action is not the first thought on your mind after a loved one’s passing, you should consider speaking with a wrongful death attorney as soon as possible.
What Is the Florida Wrongful Death Act?
The Florida Wrongful Death Act holds accountable those who have caused another individual’s death due to negligent or reckless actions. Those who have caused loss of life due to their own misconduct are liable to give compensation for any damages encountered by the deceased’s survivors or estate.
What Are Damages?
Damages are the amount of money that a plaintiff may be awarded from a wrongful death lawsuit. This amount is calculated by looking at the relationship of the plaintiff to the deceased and the financial and emotional impact this death has caused them. Some of the damages that may be recovered include:
- Loss of net accumulation
- Loss of companionship and protection
- Loss of support and services
- Mental suffering
- Loss of income
- Punitive Damages
These are just some of the damages that may be rewarded. Each case differs and not everyone is entitled to all damages.
Who Is Entitled To Damages?
There are two groups of people who may sue for damages. These include:
- Survivors. Family members of the decedent. The survivors may include spouses, children, parents or any relative that was at least partially dependent on the decedent.
- The Estate. The sum of everything owned during a person’s lifetime left to a beneficiary or beneficiaries. The person who represents the estate may sue for damages; however, they are limited to the damages they may be entitled to as opposed to those for survivors.
Statutes of Limitation
In Florida, there is a statute of limitation for filing a wrongful death claim. After two years from the date of the death, you are barred by law to file a claim.
There are very few conditions under which a person may pursue a wrongful death claim after this time has expired. That is why it is imperative to file the claim as soon as possible.
If your loved one has passed away due to the negligence of another, do not hesitate and call the Khonsari Law Group. We will guide you through this difficult process. Contact KLG today for a free consultation.