The sudden death of a loved one can be one of life's most difficult events to handle. Although death is a part of everyone's life, the sudden death of a family member, especially one that could have been prevented, can not only be devastating, but also heavily impact the future of the loved ones left behind.
Damages for wrongful death in the state of Florida are a strenuous proposition. Florida legislation has very specific rules regarding who may be eligible for compensation in the event of wrongful death. Family members who are eligible for wrongful death compensation can include spouses, children, parents, or dependents that are referred to as 'survivors' in the event of a wrongful death tragedy.
If you are suffering as a result of the preventable loss of a loved one due to another party's negligence, our Palm Beach wrongful death lawyer can help protect you from additional emotional distress induced by the legal system, and pursue compensation and justice on your loved one’s behalf.
Am I Eligible for Compensation for My Wrongful Death Case?
No amount of money can ever make up for the loss of a loved one, however, compensation and justice can help obtain both financial stability and peace of mind. A Florida wrongful death lawyer can fight for compensation for the following damages:
- Pain & Suffering
- Loss of Future Wages
- Loss of Benefits
- Loss of Inheritance
- Medical Expenses
- Loss of Care
- Loss of Love
- Loss of Consortium
- Funeral Expenses
Under Florida Statute 768.21, each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
Who Pays for a Wrongful Death Lawsuit?
The circumstances of the case will usually determine who will pay for the damages related to a loved one's death. In certain cases, an insurance company will cover the cost of a financial settlement related to wrongful death.
Car accidents are a common cause of wrongful death in Florida. In 2020, there were over 336,000 car accidents across the state with 3,300 resulting in a fatality. If your loved one was killed in a car accident as a result of another’s negligence, the other driver's liability insurance coverage will more than likely cover your losses. If the negligent driver was working at the time of the accident, their employee may be liable for the wrongful death.
Statute of Limitations on a Wrongful Death in Florida
In Florida, you must file your case within two years of the date of the death of a loved one. If you do not file within Florida's statute of limitations for wrongful death, you may lose the right to compensation. While the two-year statute of limitations law is rather strict, courts may extend this limit for exemptions such as:
- Medical Malpractice
- Homicides and Murder
- Government Entity Deaths
Wrongful Death Lawyer in West Palm Beach, FL
If someone caused the death of your loved one whether intentionally or unintentionally, they should be held liable for their negligent actions. Filing a wrongful death lawsuit may be the last thing to cross your mind, however, our lawyer can take some of the weight off your shoulders by providing compassionate legal support during this difficult time. While proving fault for wrongful death is challenging, The Law Offices of Matthew Konecky has over 18 years of experience providing legal defense and fighting for justice. If you believe you may have a wrongful death claim, contact us or call us at (561) 671-5995 to speak with a wrongful death lawyer.