Tragically many people die every year in Florida because of someone else’s irresponsible actions. When negligence causes an injury that results in death, the personal representative of the victim has the right to file a wrongful death claim for damages on surviving family members’ behalf. Wrongful death attorneys can help you to understand the types of damages that you’re entitled to, and how to prove the liability of the at-fault party.
Types of Wrongful Death Actions
There are dozens of different types of accidents on which a wrongful death action may be based. Some of the most common wrongful death lawsuits involve:
- Motor vehicle accidents;
- Pedestrian accidents;
- Bicycle accidents;
- Defective products;
- Defective automobiles/auto parts;
- Premises liability accidents; and
- Drowning and boating accidents.
You can file a wrongful death claim if the deceased would have had a right of action for personal injury had death not ensued. A wrongful death attorney serving Coral Springs can help you to determine whether or not you have a cause of action.
Proving Negligence and Liability
In order to recover damages from the at-fault party in a wrongful death action, you will have to hold the at-fault party liable. To do so, negligence and/or fault must be proven. Negligence refers to a person or entity acting in a manner that is outside of the realm of what a normal and reasonable person would do, or/and that violated the standard of care owed to the victim. Wrongful death lawyers can help you to demonstrate that the at-fault party acted negligently, and that the death of the victim would not have occurred but for the negligent action.
Statute of Limitations for Filing a Wrongful Death Claim
You must file your wrongful death claim within Florida’s statute of limitations. If you do not, then your right to recovery is forfeited. In Florida, the statute of limitations for filing a wrongful death claim in the state at two years from the date of death. Keep in mind that the only person who may file a wrongful death action is the personal representative of the deceased although many different types of survivors can be beneficiaries of the claim. Benefits can be recovered on the behalf of the deceased’s surviving family members as well as the deceased’s estate.
The Benefit of Hiring a Wrongful Death Attorney
Serving Coral Springs, wrongful death lawyer Jarrett Blakeley of the Blakely Law Firm, P.A. wants to represent your family in your loved one’s wrongful death claim. While nothing can replace your loved one, filing a claim for damages can help you to recover the compensation that you both need and deserve. To schedule a free consultation with the Blakeley Law Firm, P.A. today, call 954-253-9445.