Losing someone close is incredibly painful, but when it happens because of someone else’s carelessness, it can feel even worse.
The good news is that Florida law lets certain people file a “wrongful death” claim if someone else’s actions caused the death. This claim can help you get compensation for the losses you’ve suffered in an accident in Fort Lauderdale.
Hiring a Fort Lauderdale wrongful death lawyer can be a big help during this difficult time. Their expertise in the local statutes and experience in handling similar cases ensure that wrongful death claims are processed smoothly.
What is Wrongful Death?
A wrongful death claim arises when someone dies because of another person’s or company’s evil actions, neglect, or carelessness. This can include things like car accidents caused by drunk drivers, mistakes by doctors that lead to death, or defective products that take a person’s life.
While money can’t bring your loved one back, a successful wrongful death claim can give your family much-needed financial support. This money can help pay for funeral costs, the lost income the deceased person provided, and even future financial support they would have given.
The important thing to know is that not everyone can file a wrongful death claim in Fort Lauderdale. Florida has specific rules about who can take these cases to court.
Who Gets the Money in a Wrongful Death Claim?
While a representative files the wrongful death claim, the money awarded goes to surviving family members who suffered a loss because of the death. Florida law says these family members can be:
- A spouse
- Children of the deceased (including adopted kids)
- Parents of the deceased (if the victim wasn’t married and had no children)
- Siblings who depended on the deceased financially (in some cases)
A judge decides how much money each family member gets based on their financial needs and how much they lost.
For instance, a young child who depended on the deceased parent for financial support might get more money than a financially independent adult.
In some special situations, others might qualify under Florida law. These situations are less common and require a lawyer to look closely at the details to see if they qualify.
The Role of the Legal Representative
Under Florida law, only the person in charge of the deceased’s estate, often called the personal representative, can file a wrongful death claim.
This person, who is often a spouse or close relative, manages the deceased’s assets and distributes them according to a will or Florida law. They act on behalf of family members who will receive any compensation awarded.
The personal representative might be named in a will, or the court will appoint someone if there’s no will. This person plays a vital role, working with a lawyer to gather evidence, negotiate with insurance companies, and potentially even go to court.
Statute of Limitations for Wrongful Death Claims in Fort Lauderdale
Generally, you have two years from the date of your loved one’s passing to file a lawsuit, according to Florida Statutes § 95.11. In rare instances, the “discovery rule” might apply. This means the two-year clock wouldn’t start ticking until you knew or should have known about the wrongful death claim.
However, if the death was caused by murder, manslaughter, or another intentional act, there is typically no statute of limitations.
Wrapping Up
Losing a loved one through wrongful death is a life-altering experience. While money can’t replace them, a wrongful death claim can help ease the financial burden your family faces.
An experienced Fort Lauderdale wrongful death attorney can help you understand who can file a claim, navigate the legal process, and fight for the compensation you deserve.
They can also ensure all eligible beneficiaries are included and work hard to get you justice during this difficult time.