Basics of a Florida Wrongful Death Claim

When a tragic accident has unexpectedly taken your loved one, between grieving your loss and taking care of funeral preparations, it can be difficult to even consider the possibility of filing a wrongful death suit. In Florida, you have 2 years after the date of your loved one’s death to file suit, but the sooner that you involve a Fort Lauderdale wrongful death attorney in your wrongful death claim procedures, the more you will benefit from the timeliness.  

A wrongful death claim arises when your loved one is killed by another person or party’s negligent actions such as:  

• a defective product;
• car accident;
• medical malpractice;
• unsafe grounds;
• accident on the job; or
• outright malice or malfeasance.  

For example, if the operator of a forklift was under the influence of alcohol, then he or she might be held liable for the death caused by his recklessness. In some situations, the individuals being held liable might also be prosecuted criminally. 

Sometimes, families of a lost one feel that legal action will only enhance their distress or anguish over the death, and some don’t recognize the impact that a sudden wrongful death can have on their lives; for these reasons, it’s useful to speak with an attorney after a wrongful death, or suspected wrongful death.  

How a Fort Lauderdale Wrongful Death Attorney Can Help 

When you are mourning the loss of a loved one or family member, the complexities of filing a wrongful death suit can very easily overwhelm you. A wrongful death lawyer can mediate between you and the big insurance companies and assume the burden of proving your case so that you can focus on your family.  

Speak with a Fort Lauderdale wrongful death attorney to learn more about the wrongful death damages you might be entitled to and about the procedures of filing a wrongful death claim.  

After the unexpected, sudden, and wrongful death of a loved one, a Fort Lauderdale wrongful death attorney can help your family by counseling you about your wrongful death claim options and taking on the responsibility of proving the wrongful death in court so that you can focus on being with your  family and mourning your tragic loss. 

A wrongful death claim is intended to accomplish several things:  

• first, to make the family members of the decedent as close to whole as possible;
• second, to compensate the decedent’s family members for any expenses they directly or indirectly incur, such as medical costs and loss of future earnings;
• third, to compensate the family members’ loss of companionship, emotional anguish, and other noneconomic wrongful death damages;  and
• finally, in some cases, to punish the malfeasance of the negligent and otherwise liable party. 

To file a wrongful death suit, your family must first determine whether or not the decedent, your loved one, was pursuing a personal injury case against the negligent party that caused the accident.  

If so, you may be able to take advantage of Florida’s survivor statute and pick up that lawsuit where your loved one left off – this suit would be separate from the wrongful death suit you pursue, although they may be settled simultaneously. Your attorney can help you determine who is eligible to pursue survivor claims. 

A claim can help victims’ families recover medical expense and funeral costs, as well as lost wages and benefits. In addition, you may be compensated for your:  

• pain and suffering;
• emotional anguish; and
• loss of companionship. 

Reach out to a wrongful death attorney in Fort Lauderdale today to learn more about what kind of wrongful death damages each member of your family might be able to seek through a claim against the person or party responsible for your loved one’s death. 

Contacting a Fort Lauderdale Wrongful Death Attorney  

The wrongful death claim team at Wolf and Pravato are based in Fort Lauderdale, but can provide legal representation in a wrongful death suit or claim to victims’ families from Miami to Ft. Myers. If one of your loved ones has suffered a wrongful death, reach out to one of our attorneys for a consultation and learn more about what wrongful death damages you might be entitled to. Justice is not automatic; we will fight for you. Call us – 800-428-3476.