Losing a loved one as a result of someone’s negligence is a confusing and distressing experience. If you have lost a loved one due to the negligence of another, you may be eligible to obtain compensation for your pain and suffering.
Wrongful death claims can be brought due to an accident or an intentional act that results in a fatality. For example, a fatal car accident, dangerous premises, or defective and unsafe products are a few causes of fatal injuries. In order to prove the negligence of another, your lawyer must retain the assistance of investigators, medical experts, accident reconstructionists, and other professionals who will be willing to testify to the cause of the fatal accident.
Who Can Bring a Claim for Wrongful Death?
Spouses, children and parents of wrongful death victims may be eligible to obtain compensation. In Florida, the law allows for family members to collect monetary damages for medical and funeral expenses. Family members can also obtain compensation for loss of companionship and emotional suffering. A spouse, child or parent can also receive compensation in wrongful death claims for loss of love and services of the deceased.
Elements Needed to Bring a Wrongful Death Lawsuit
If a loved one lost their life as a reuslt of another person’s negligence act, a wrongful death claim can be filed by the victim’s family. The following elements must be present:
- Death was caused by the negligent act of another
- There is a surviving spouse, parent or child
- There is compensation available (i.e. insurance policy)
The Statute of Limitations (time period in which a lawsuit can be filed for wrongful death claims) in the State of Florida is 2 years. Therefore, it is important to consult with an attorney as soon as possible to evaluate your potential wrongful death claim. In the event of an accident that results in a fatality, the at fault party can and should be held accountable for his/her negligent actions.
If a loved one has been the victim of a wrongful death, contact the Law Offices of Randy C. Botwinick. We offer free and immediate consultations. Remember, you will not pay a fee or expenses, unless we win.