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When a loved one dies because of the actions of others, you may wish to file a wrongful death civil lawsuit against the party at fault. Doing so means complying with the wrongful death statute of limitations in Florida, as well as understanding how wrongful death cases work in the state of Florida.
In most situations, consulting with an experienced Florida personal injury lawyer who deals with these cases is a wise decision. We can help you understand your rights, plan your course of action and meet deadlines to preserve your case.
The statute of limitations for wrongful death in Florida is two years, in most cases. This is per Section 95.11 (5)(e) of the Florida Statutes. Plaintiffs must file a wrongful death suit within two years after the death of the decedent, or risk losing their right to pursue a wrongful death claim.
Note that this is from the date the individual died, not the date of the incident that led to death. This deadline exists to maintain the efficiency of the justice system, as well as ensure the fair treatment of both plaintiffs and defendants by avoiding prolonged legal processes.
Under Florida Statutes Section 768.19, wrongful death is a death caused by recklessness or negligence. Any death where the deceased individual would have had a case for filing a personal injury lawsuit if they had survived may be a wrongful death.
Florida law also considers contributory negligence, which may limit the amounts of awards you receive through a wrongful death suit or bar you from suing altogether.
In most cases, the statute of limitations for wrongful death in Florida is two years from the death of the decedent. However, there may be exceptions in certain circumstances.
Each of these cases requires extensive legal knowledge to help you sort through your options, and it is wise to consult with an attorney so you don’t miss the statute of limitations for your specific case.
Contributory negligence is an important factor to consider when weighing whether you might have a wrongful death claim. Under Florida’s contributory negligence statutes, in order to bring a wrongful death or personal injury case, the claimant must bear 50% or less of the responsibility.
Awards are reduced based on a claimant’s role in an accident or incident. This is on a percentage basis, and the more at fault the claimant, the less at fault the defendant, which influences potential awards. This may also involve other parties who are determined to have some liability in the incident.
It is essential to understand the difference between civil suits and criminal charges. Wrongful death is a civil action that results in financial awards. Claimants may file a civil suit when they believe their loved one died due to the negligent or willfully dangerous actions of others.
The same actions that led to the civil suit may also bring criminal charges. For example, a driver who kills another person in an accident because of reckless behavior may face a wrongful death civil lawsuit brought by the surviving loved ones of the deceased. However, they may also face criminal charges brought by prosecutors because of the same actions.
Wrongful death can occur in an almost infinite number of scenarios. Remember that any event that could have led to a personal injury lawsuit had the person lived is a possible wrongful death suit.
Some of the most common cases are:
The type and amount of damages vary depending on the specifics and severity of the case. Plaintiffs may recover damages that account for economic losses—including funeral and burial expenses—the lost earning potential of the decedent and other financial support. Awards may also address pain and suffering and property damage.
In extreme cases, a judge may award punitive damages to punish the defendant or to set a precedent and dissuade similar behavior by others.
Under Florida law, the representative of the decedent’s estate is the only person able to file a wrongful death suit. When doing so, they will list the survivors of the deceased person, again as outlined by Florida law. Awards may go to the estate or to individual family members.
While you don’t technically need a lawyer to sue, it is smart to find an attorney who understands the wrongful death statute of limitations in Florida and how to proceed. An experienced professional can help you avoid many of the pitfalls people face during this trying time, such as missing deadlines and forgetting to file documents.
The representative of the estate will file suit against the at-fault party in civil court. This must occur within two years of death, or in compliance with other statute of limitations brought on by specific situations.
Civil suits for wrongful death require evidence to show the negligence or recklessness that led to death. It is smart to collect this evidence as soon as possible.
If you believe you have a potential wrongful death case, it is wise to consult with an attorney as soon as possible. A skilled lawyer can advise you on your best course of action and make sure you don’t miss the Florida wrongful death statute of limitations deadlines and other important dates.
If you need advice while navigating this difficult time, contact us at Kogan & DiSalvo Personal Injury Lawyers and find out how we can help.
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