The premature death of a loved one can sometimes have devastating impacts on surviving family members and friends. Although it is possible for surviving family members to file a claim for financial compensation in Florida in the event of a wrongful death, they must comply with specific standards to do so. You can learn more here as to how to go about your claim.
Making a Florida wrongful death claim
In order to collect compensation for your damages, you must satisfy specific conditions if you need to file a wrongful death claim in Florida. Under Florida law, the surviving spouse, children, parents, or another person designated as the estate’s executor are among the surviving family members who may be qualified to bring a wrongful death lawsuit. However, the law might not acknowledge the losses if such a person does not exist.
According to Florida law, the spouse and any minor children always have the first right to bring a wrongful death claim. Florida law does not recognize these losses for children above the age of 25, regardless of the relationship to the deceased or the extent of the damages incurred. The adult child will be permitted to pursue these damages by making a wrongful death claim if there is no spouse or little children.
Damages that can be recovered in a wrongful death claim
Although there are numerous ways to recover damages in wrongful death litigation, they can generally be divided into two groups. A third one is occasionally possible based on the case’s specifics.
Economic losses are defined as any financial losses with a specific monetary value. Additionally, qualifying surviving family members might be entitled to seek compensation for non-economic losses, losses without a clear monetary value. Remember that minors may not be permitted to pursue non-economic damages in wrongful death claims involving medical malpractice. Rarely, you may be able to pursue punitive damages in a wrongful death case to obtain additional compensation. However, these damages are only awarded when the behavior is particularly heinous.
When must I bring a wrongful death claim?
It may take some time to get over the loss of a loved one, but you only have a certain amount of time to submit a legally sound wrongful death claim. Every unjust claim has a deadline, and the court may dismiss your claim if you file it beyond that point. In other words, you will not be able to ask for financial recompense for the death of a loved one.
Florida law typically gives two years from the date of the death to file a legitimate wrongful death claim, in what is known as the statute of limitations. Other states may have different deadlines.