Florida Wrongful Death Lawyer
Losing a loved one is never easy. When a death arises out of the negligence or intentional act of another party, it can be even more challenging.
At Kogan & DiSalvo, our experienced Florida wrongful death lawyers could help you navigate the legal process after a family member’s wrongful death. Our compassionate attorneys can explain the rights of the decedent’s estate and guide surviving family members through their legal options. Consider scheduling a free consultation with one of our knowledgeable attorneys.
Who can File a Lawsuit Following a Wrongful Death?
Under Florida Statute §768.119, when a deceased person could have filed suit for their injuries if they had not died, a civil claim can be filed on their behalf. If the deceased person had a will, the beneficiaries of their estate have the primary right to file a wrongful death lawsuit. In most cases, an estate will empower a personal representative to act on behalf of all beneficiaries. If there is no will, the court will appoint a personal representative to the estate.
The personal representative must list each person who may have an interest in the deceased’s estate. These parties may include:
- A living spouse
- Children under 25
- Adult children if there is no living spouse
- Each parent of a deceased minor child
- Each parent of an adult child if there are no other survivors
- Blood relatives who were at least partially dependent on the decedent during the time they were living
Family members or beneficiaries of the deceased who are unsure of their right to file a lawsuit should consult with our experienced Florida wrongful death attorneys.
Statute of Limitations
Those who are considering filing a lawsuit should be aware of the statute of limitations, which is the deadline for filing a lawsuit. In Florida, potential plaintiffs in a wrongful death claim are limited to two years from the date of the death in which to file a legal claim, as per Florida Statutes §95.11(4)(d).
Potential plaintiffs who fail to file a claim promptly may lose their right to seek justice. Speaking with our attorneys as soon as possible could help ensure that a claim is filed in a timely manner.
Damages in a Florida Wrongful Death Case
Our Florida wrongful death lawyers could help survivors or beneficiaries receive compensation for their economic and non-economic losses related to the death.
Parties named in the estate of the deceased may be able to recover damages for loss of companionship, lost income, medical expenses in the lead-up to the death, and funeral expenses. With the exception of cases stemming from medical malpractice, there is no cap on non-punitive damages in the state of Florida.
Call a Florida Wrongful Death Attorney
Dealing with the death of a loved one is a complicated, on-going process. After a death caused by a liable party’s negligence, the legal process can be intricate and difficult to understand. Consider reaching out to a Florida wrongful death lawyer at Kogan & DiSalvo for a free consultation. We can help you understand your legal rights, explain concepts like economic vs. non-economic damages, and walk you through the process of filing a claim. When you are ready, do not hesitate to reach out.