FAQs-Florida Wrongful Death Lawsuit
FAQs – Wrongful Death Lawsuit in Florida
Dealing with the loss of a loved one is a painful and emotional experience. When the death is caused by someone else’s negligence or wrongful act, it can be even more challenging. If you are considering a wrongful death lawsuit in Florida, it is essential to understand your rights and the legal process involved. This FAQ guide will provide answers to some of the most common questions about Florida wrongful death lawsuits. The Florida wrongful death lawyers at the Law Offices of Jason Turchin can help guide you through the claim process and fight for your rights.
1. What is a wrongful death lawsuit in Florida?
A wrongful death lawsuit is a civil action filed against a person or entity responsible for causing the death of another person due to negligence or a wrongful act. The purpose of a wrongful death lawsuit is to compensate the surviving family members for their losses, including financial and emotional damages, resulting from the death of their loved one. Learn more about wrongful death lawsuits in Florida here.
2. Who can file a wrongful death lawsuit in Florida?
In Florida, a wrongful death lawsuit can only be filed by the personal representative of the deceased person’s estate. This person is usually named in the deceased’s will or appointed by the court. The personal representative brings the wrongful death claim on behalf of the deceased’s surviving family members, such as spouses, children, and parents, as well as the deceased’s estate. Find out more about who can file a wrongful death lawsuit in Florida here.
3. What is the statute of limitations for filing a wrongful death lawsuit in Florida?
The statute of limitations for filing a wrongful death lawsuit in Florida is generally two years from the date of death. However, there are certain exceptions and circumstances that may extend or shorten this time frame. It is crucial to consult with an experienced Florida wrongful death attorney to ensure your claim is filed within the appropriate time frame.
4. What types of damages can be recovered in a Florida wrongful death lawsuit?
Damages in a Florida wrongful death lawsuit can be divided into two main categories: economic and non-economic damages. Economic damages include medical expenses incurred before death, funeral and burial expenses, and the loss of the deceased’s income, financial support, and other benefits. Non-economic damages include the survivors’ pain and suffering, mental anguish, loss of companionship, and loss of guidance and support. Learn more about the types of damages that can be recovered in a Florida wrongful death lawsuit here.
5. How are wrongful death settlements distributed among surviving family members?
Wrongful death settlements are typically distributed according to Florida’s intestate succession laws, which determine the order in which surviving family members are entitled to inherit from the deceased’s estate. In general, the deceased’s spouse, children, parents, and other relatives may be eligible to receive a portion of the settlement. However, the specific distribution depends on the individual circumstances of the case. Find out more about how wrongful death settlements are distributed among surviving family members here.
6. Can I file a wrongful death lawsuit if the deceased person was partially at fault for their death?
Yes, under Florida’s comparative negligence law, you may still be able to file a wrongful death lawsuit even if the deceased person was partially at fault for their death. In such cases, the amount of damages awarded may be reduced in proportion to the deceased’s percentage of fault. It is essential to consult with an experienced Florida wrongful death attorney to discuss the specific circumstances of your case and the potential impact of comparative negligence on your claim.
7. How long does a wrongful death lawsuit take to resolve in Florida?
The time it takes to resolve a wrongful death lawsuit in Florida can vary significantly depending on the complexity of the case, the number of parties involved, and other factors. Some cases may settle quickly through negotiations with the at-fault party’s insurance company, while others may require extensive litigation and a trial to reach a resolution. An experienced Florida wrongful death attorney can provide guidance on what to expect in your specific case and work diligently to resolve your claim as efficiently as possible.
8. Do I need a lawyer to file a wrongful death lawsuit in Florida?
While it is not legally required to have a lawyer represent you in a wrongful death lawsuit, it is highly recommended. Wrongful death cases can be complex and involve many legal issues, such as proving negligence, calculating damages, and navigating the court system. An experienced Florida wrongful death attorney can help protect your rights, guide you through the legal process, and advocate for the maximum compensation you deserve.
9. What is the cost of hiring a wrongful death attorney in Florida?
Most wrongful death attorneys in Florida work on a contingency fee basis, which means they only get paid if they successfully recover compensation on your behalf. The attorney’s fee is typically a percentage of the total recovery, and there are usually no upfront costs or fees to hire a wrongful death attorney. Learn more about contingency fees and the cost of hiring a wrongful death attorney in Florida here.
10. How can I find the right wrongful death attorney for my case?
Choosing the right wrongful death attorney for your case is crucial to achieving the best possible outcome. When searching for an attorney, consider factors such as their experience with wrongful death cases, their knowledge of Florida law, their track record of success, and their communication style. It is also essential to find an attorney you feel comfortable with and trust to handle your case. Find out more about how to choose the right wrongful death attorney for your case here.
We hope this FAQ guide has provided valuable information regarding Florida wrongful death lawsuits. If you have further questions or need legal assistance with a wrongful death claim, don’t hesitate to contact the experienced team at the Law Offices of Jason Turchin for a free consultation.
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