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The loss of a family member can be devastating. While your financial situation may be the last thing on your mind, the unfortunate reality is that the death of a loved one may cause serious hardships to anyone that depended on this person financially.
If your family member’s death resulted from another persons’ reckless or negligent actions, you may be entitled to compensation. A wrongful death lawyer could review your case and determine if the situations surrounding your loved one’s death results in a viable lawsuit. More importantly, the compassionate Coral Springs personal injury attorneys at Kogan & DiSalvo could guide you through the claims process and remove the burden from your shoulders during this difficult time.
Florida State Wrongful Death Laws
A claimant may only have a viable case if another’s misconduct caused their loved one’s fatal accident. Coral Springs attorneys who have experience litigating wrongful death cases could determine if the cause of someone’s untimely passing allows for a legal claim. According to Florida Statute §768.19, a death is wrongful when it occurs because of:
- A wrongful act
- Negligence
- A breach of contract
Who May File a Wrongful Death Lawsuit?
Under state law, the right to file a wrongful death lawsuit does not rest with a surviving family member. Instead, a personal representative of the deceased person’s estate must bring the claim. In some cases, the decedent may have nominated a personal representative in their will or estate plan.
However, some wills are silent when it comes to picking a representative. If an estate plan or will does not select a personal representative, or if the person selected is unwilling or unable to serve, the court may appoint one. In these situations, the appointed representative may be a family member.
While a personal representative must file the suit, any compensation recovered goes to the surviving relatives of the deceased. The family members that may be entitled to recover damages include:
- A spouse
- Children
- Parents
- siblings
- Others who were finically dependant on the deceased person
What is the Statute of Limitations for Cases Involving Fatal Accidents?
According to Florida Statute §95.11(4)(d), the statute of limitations in a wrongful death lawsuit is two years from the date of decedent’s untimely passing. If a plaintiff files their claim after the expiration of the statute of limitations, the court may dismiss the case.
These statutory deadlines exist to prevent lengthy delays between the date of the fatal accident and the filing of a case. Coral Springs wrongful death attorneys will work to ensure that a personal representative does not miss any crucial legal deadlines.
Reach Out to a Coral Springs Wrongful Death Attorney
After unexpectedly losing your loved one, you may feel shock and an overwhelming sense of confusion. The Coral Springs wrongful death lawyers at Kogan & DiSalvo can help you through this difficult time.
Our attorneys could protect your best interests and handle the legal process while you mourn the loss of your loved one. When you are ready to file a claim for your family member’s death, schedule a free case consultation with one of the members of our caring legal team.
