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If you have lost a family member in an accident due to the negligence of another in an auto or other accident or due to the actions of a drunk driver you and the other survivors have a right to recover damages from the person responsible for the death in a civil lawsuit . I have handled dozens of wrongful death claims in my 36 years and welcome the opportunity to assist anyone who finds themselves in this tragic situation. I understand the agony a family goes through as I lost my younger brother as a result of the negligence of a doctor and know the pain and shock and hurt the unexpected loss causes. My desire is to use my personal experience and 36 years of legal experience to help the family through the process and take the legal worry off their shoulders so they can focus on healing .
The following is a summary of the law in Florida dealing with wrongful death claims .
Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.
Florida law requires the personal representative of the deceased person’s estate to file the wrongful death claim. The personal representative may be named in the deceased person’s will or estate plan. If there is no will or estate plan, the personal representative will be appointed by the court.
Although the wrongful death claim is filed by the personal representative, it is filed on behalf of the deceased person’s estate and any surviving family members. In the wrongful death claim, the personal representative must list every survivor who has an interest in the case.
Each state has passed laws that set time limits on your right to go to court and file a lawsuit. This kind of law is called a statute of limitations, and most states have passed a separate statute that covers wrongful death lawsuits.
A wrongful death lawsuit in Florida must be filed within two years of the date of death in most cases, according to Florida Statutes section 95.11(4)(d). The deadline may be “tolled,” or postponed, under a few very specific circumstances. An attorney with experience handling Florida wrongful death cases can help you determine exactly when the statute of limitations expires in a certain case.
It’s critical to understand and follow the deadline set by the statute of limitations, otherwise you could lose your right to bring your wrongful death lawsuit to court.
A wrongful death case is a civil claim. This means that it is brought to court by the deceased person’s estate, not by the government. Liability in a wrongful death claim is expressed solely in terms of money damages. Although a criminal case related to the death might also be filed in court, it addresses different concerns, and it typically does not result in damages being paid to the estate or the surviving family members.
Florida Statutes section 768.21 sets out the state’s rules for awarding damages in a wrongful death lawsuit. Damages that surviving family members may receive in these kinds of cases include:
mental and emotional pain and suffering due to the loss of a child, and medical or funeral expenses any surviving family member has paid for the deceased person.
I retained Mr. Robertson to handle a high dollar damages claim. His advice, attention-to-detail, and strategy was very successful. As a result, my settlement was beyond my expectations. I highly recommend Bill.
I offer free consultations to anyone who has a question arising from a wrongful death of a loved one . It would be my honor to help anyone who is thrust into this situation due to the carelessness of another .