Losing a loved one is never easy, and it is difficult to grieve if you are burdened by thoughts of financial instability after your loved one’s passing. Our compassionate Wellington personal injury attorneys at Kogan & DiSalvo will help you explore your legal options and the damages that may be available to you.
If a close relative of yours died because of the negligence or recklessness of another person, you may have a viable wrongful death claim. However, not every family member is entitled to file a wrongful death suit, so discussing your legal options with a Wellington wrongful death lawyer from Kogan & DiSalvo may provide you with insight into your legal standing to bring a claim.
Each state’s laws deal with the ability to file a wrongful death suit differently. Many states provide a hierarchy of family members who are able to file a wrongful death lawsuit. Other states set out a group of people with the right to file a suit, and the first person to file has the obligation of maintaining the lawsuit on behalf of the other family members.
However, in Florida, a personal representative of the deceased’s estate is the only party with authority to file a wrongful death lawsuit. In many cases, a personal representative is set out in the deceased person’s will. When that is not the case, a court may appoint a personal representative to handle the claim.
The duty of filing a wrongful death lawsuit falls to a personal representative, but the benefits of any recovery go to the family of the deceased. The lawsuit must identify every surviving family member entitled to recover from the wrongful death claim. These family members include:
Whether or not a blood relative is partly or fully dependent on the deceased person is a question for the court to determine. The rules regarding children also may be complicated at times. Wellington wrongful death lawyers could review your loved one’s case and determine if you are eligible to file a claim on their behalf according to state law and their relation to the deceased.
The statute of limitations creates a deadline for plaintiffs to file personal injury lawsuits. These limits are put in place to prevent an unreasonable delay between a wrongful death and the filing of a lawsuit. If a plaintiff tries to file their claim after this deadline expires, the court may dismiss their case and bar them from recovery.
In Florida, the statute of limitations on a wrongful death suit is two years from the date of death, with some exceptions. Wrongful death lawyers in Wellington may be able to assist with ensuring the lawsuit meets all deadlines on time.
The emotional toll of unexpectedly losing a loved one is overwhelming. When you or another family member relied on that loved one financially, the burden is often especially challenging.
Our attorneys at Kogan & DiSalvo could help relieve some of these pressures by offering our legal guidance. To seek justice or your deceased family member, and provide for the financial needs of your loved ones, contact Wellington wrongful death lawyers in our office and schedule a free consultation.