Florida’s Wrongful Death Act
Wrongful death cases in Florida are based upon a specific statute adopted by the Florida legislature. Under Florida Statutes 768.21 a lawsuit for a wrongful death claim can only be brought by the personal representative of the estate of the decedent and on behalf of the survivors. This is an individual or an institution named in the decedent’s will, or if there is no will, an appointee by a probate judge. In a wrongful death case, the personal representative brings all claims for persons who qualify as “survivors” under Florida’s wrongful death statute. Many people are surprised to learn that eligible survivors exclude many people who suffer as a result of the death of another.
Florida’s Wrongful Death Act contains a shorter two year statute of limitations within which a lawsuit can be filed when compared to other types of personal injury related cases. Though for living plaintiffs the time limit is longer except in medical negligence cases. The types of damages which can be recovered are also spelled out in the statute. The measure of damages is based upon the loss and harm to the survivors, not the losses experienced by the decedent. When you come in for a free consultation, our attorneys will explain how the law applies to your specific situation.
Common Accidents and Wrongful Death Cases
If a person is injured in an accident and survives, he or she can sue to recover for their personal injuries. However, deceased people cannot bring about a lawsuit, and therefore a spouse, parent, or other close family member can file a wrongful death suit when an accident or event results in death. Wrongful death lawsuits in Florida can arise out of a variety of situations, including:
- Motor vehicle accidents
- Trucking accidents
- Accidents with Pedestrians
- Bicycle Accidents
- Airplane accidents
- Work-related deaths
- Deaths due to defective products
- Deaths due to dangerous conditions on a premises
- Exposure to hazardous chemicals
- Medical malpractice
- Boating accidents
- Violent crimes
The North Law Firm, P.A. will fight to get fair and just compensation for families who have lost a loved one due to the negligent, willful or wrongful act, omission or fault of another.
Take the first step toward protecting your rights and getting the compensation you deserve right now. Call us at 866-41-NORTH or contact us online to schedule an initial consultation.
