There’s nothing worse than the wrongful death of a loved one. Not only are you grieving, but you’ll always come back to the same question: was there anything anyone could have done to change the outcome?
In most cases, the statute of limitations for wrongful death in the state of Florida is two years from the date of death.
If you believe you’re in a position to take action, it’s best to do so as soon as possible. As time goes by, it may become more difficult to collect evidence and other information to back up your claim.
What is a wrongful death lawsuit?
This is exactly what it sounds like. It gives surviving family members the ability to file a lawsuit against the negligent party to recover economic and non-economic damages such as:
- Medical expenses
- Burial expenses
- Lost wages
- Loss of future earnings
- Loss of companionship
- Loss of consortium
- Emotional distress
- Pain and suffering
Who can file a wrongful death lawsuit in Florida?
As noted above, a surviving family member (or members) can file a wrongful death lawsuit. But that doesn’t mean just any family member can take legal action.
In Florida, medical malpractice lawsuits and personal injury lawsuits are unique in this regard:
- Medical malpractice: In a medical malpractice case, the surviving spouse, dependent children, and a parent who lost a child under the age of 25 are eligible to file a lawsuit.
- Personal injury: In a personal injury case — one that doesn’t pertain to medical malpractice — a spouse, child, or parent (regardless of the age of the child) can file a lawsuit.
Do you have a Florida wrongful death case?
The average value of a wrongful death case in Florida is approximately $1.2 million. But before you can seek any type of compensation, you need to answer this question: do you actually have a case?
The level of fault has a big impact on the value of a personal injury case. When it’s clear that the negligent party was at fault, there’s a greater chance for a large payout.
Other factors that come into play include:
- Type of wrongful death case (medical malpractice vs. personal injury)
- Insurance policy limits
- Degree of fault
- Relationship between the deceased and the person filing the lawsuit
The question of whether or not you have a right to file a lawsuit is difficult to answer. And that’s especially true when you’re grieving.
As time allows, learn more about your legal rights and the cause of death. This will help you understand if you’re able to take legal action with the goal of obtaining compensation.
At Zimmet & Zimmet, we can answer your questions and help you understand your role and how the process will unfold. Contact us online or via phone at 386-202-1612 for more information and to set up a consultation with an experienced wrongful death attorney.
