Miami Personal Injury Attorney Blog
July 7, 2013, Miami, FL- The pain of losing a loved one is immeasurable, especially if their death was untimely or caused by another person or entity. It may be the furthest thing from a person’s mind while they are grieving for their parent, brother, sister, spouse or child, but survivors can seek compensation to cover their financial losses attributed to medical and funeral expenses and loss of wages. Florida wrongful death statutes also take the emotional losses of survivors into account.
A wrongful death claim is a civil suit which alleges that a person’s death was unnecessary and was the fault of another person or entity’s negligence. Wrongful death claims involve a range of accidental deaths from simple car accidents to complex medical malpractice and product liability cases. People, corporations and local, state or federal government can be sued for wrongful death either because they failed to protect an individual’s safety or intentionally caused their death.
The most important thing to note about filing a wrongful death suit in Florida is that time is critical, you must act quickly. We at the Law Office of Jonah Wolfson understand that when a person is grieving the loss of someone they love it’s hard to think about a lawsuit, but in order to have a successful case you need to hire counsel as soon after the fatal event as possible.
In the Florida, the statute of limitations for a wrongful death suits is two years from the time of death. This may seem like plenty of time, but we all know that time can slip by swiftly and the statute of limitations could pass by before you realize.
Acting quickly gives your attorney the time necessary to build a strong and highly effective case. Wrongful death attorneys must investigate the various circumstances surrounding your loved one’s untimely death. They must speak with witnesses, police, and medical experts to gather all the facts and any key evidence that will have an impact on the outcome of your case. Overtime, people’s memories of an incident fade and important information could be forgotten.
Florida’s wrongful death statute, the Florida Wrongful Death Act 768.1, allows immediate family members including parents, spouses, children and siblings to file a wrongful death. However, surviving parents of adult children and adult children whose parents have been negligently killed are prohibited from filing a wrongful death claim.
The individual or individuals filing a wrongful death will be eligible for a number of damages. Survivors are allowed to collect funds to cover medical and funeral expenses. They are can also sue for lost wages and future wages. Spouses are also allowed to collect emotional damages for the loss of companionship and protection. Parents are allowed to seek compensation for their emotional distress and suffering caused by their child’s death. Children are also allowed to collect damages for their emotional distress as well as compensation for lost parental companionship, guidance and instruction.
Injury cases in Florida are complex and can be successful if you hire a well-practiced and tenacious attorney like Miami injury attorney Jonah Wolfson. Mr. Wolfson will be wholly dedicated to your case, and will work to get you the compensation you deserve.