Orlando Wrongful Death Attorneys
While death is a part of life, there is nothing more tragic than losing a loved one in a serious accident well before their time. An unexpected, fatal accident is shocking, heart-wrenching, and can leave surviving family members with serious questions about the future. If you have lost a loved one in an accident in Florida caused by the negligence of another, our experienced wrongful death attorneys at the law offices of Moses & Rooth want to help you file your wrongful death claim for damages.
What Is a Florida Wrongful Death Claim?
Under Florida Statute 768.19, a plaintiff may bring forth a wrongful death claim when the wrongful act or negligence of another party leads to an accident where the deceased would have been able to file a personal injury claim had death not occurred. A wrongful death lawsuit may proceed after a variety of accident types, including car accidents, motorcycle accidents, defective product accidents, premises liability accidents, medical malpractice, pedestrian accidents, and more.
A wrongful death action seeks to hold the negligent party liable for the death of the victim, and seeks compensation for losses ranging from the value of lost wages and benefits, funeral and burial expenses, medical expenses, loss of companionship, and more.
Who May File a Wrongful Death Claim in Florida?
Florida law governs who may file a wrongful death claim after the death of a loved one. Under the statute, the only party who is legally entitled to bring forth a wrongful death action is the personal representative of the deceased. However, the personal representative may file the action on the behalf of the decedent’s beneficiaries, such as a spouse, children, and other dependents.
Damages Recoverable in a Wrongful Death Action
A wrongful death action may be filed to recover economic and noneconomic losses associated with the death of the decedent. Florida law allows for the recovery of:
- Value of lost support and services and future lost support and services of the deceased;
- Loss of companionship and protection;
- Loss of parental companionship and protection;
- Pain and suffering;
- Medical and funeral expenses; and
- Loss of earnings of the deceased.
Time Limits for Filing a Wrongful Death Claim
An action for wrongful death must be filed within two years from the date of death in Florida. If you attempt to bring forth a wrongful death claim after the two-year limitation has passed, your claim for damages will likely be denied and you will be unable to move forward with your suit.
Contact Our Florida Wrongful Death Attorneys Today
There is nothing more challenging than losing a loved one, be it a spouse, a parent, or a child. When the loss of your family member would not have occurred but for the wrongful act of another party, you have the right to take legal action.
At the law offices of Moses & Rooth, we know that taking legal action when you have lost a loved one can be very challenging, which is why we competently and compassionately guide you through the process. To learn more about how we can help your family after a death, contact us today. A consultation is always free.