Wrongful Death

Florida’s Wrongful Death Statute of Limitations

A statute of limitations ensures that claims and lawsuits are filed in a timely manner and within a certain period of time. If cases sit for too long, evidence can become stale and potential trial witnesses may no longer have sharp memories about the incident. Inforcing time deadlines for filing lawsuits make it possible for trial evidence to remain fresh and for the timely resolution of cases. 

Under Florida law, the statute of limitations for wrongful death cases is two years from the date of the deceased’s death. Therefore, if a wrongful death claim is not filed within the two-year time period, the estate may no longer be eligible for filing a claim or lawsuit, or from seeking monetary recovery at any point in the future.

Because time is of the essence in a wrongful death case, there is no room for delay when taking legal action. Luckily, the skilled North Miami wrongful death lawyer at Florida Legal has the experience working with these types of cases and understands the deadlines associated with them. When mourning a loved one, the last thing you should feel is rushed. Let our team take care of the legal process for you so that you can worry about what’s really important. 

Types Of Damages In Wrongful Death Cases

It’s very rare if another case involves more damages and financial loss than a wrongful death case. When the ultimate price is paid due to another’s negligence, the financial compensation owed to those left behind is more than justified. Below are just a few examples of the types of damages that could be pursued and recovered by a North Miami Beach wrongful death accident lawyer:

Medical Expenses

It’s common in wrongful death accidents for the victim to be transported to the hospital in the hopes of saving their life. However, life-saving attempts are not always successful and when those hospital expenses are added up, they can be enormous.

Funeral Expenses

It’s well known how expensive a funeral can be when you account for all that is necessary for a loved one’s final farewell. In fact, funerals can cost thousands of dollars, and after such a sudden death, many families are not financially prepared to handle those costs.

Property Damage

Many wrongful death cases also involve property damages. After the loss of a loved one, it’s natural to overlook some of the less noteworthy damages, but an experienced North Miami wrongful death lawyer can help you account for each and every damage incurred so that all losses can be recovered.

Loss Of Income

A family may be able to recover damages for lost income as a result of an untimely death. That includes income the deceased would have earned had he or she lived a full life. Depending on their age when the accident occurred, this can total years and years of compensation for the loved ones’ family members.

Loss Of Companionship

This form of recovery concerns the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, and guidance. Although these are not physical damages lost, they are often the damages that hurt the most. Your wrongful death attorney will make it a priority to ensure your family has been compensated accordingly. 

Punitive Damages

In some scenarios, like when an act that kills someone else is horrendous in nature, the victims’ loved ones can pursue and recover punitive damages. These damages are not tied to any direct form of loss but instead are awarded in the interests of justice.

Due to the many types of damages that are associated with a wrongful death case, it’s critical to have a skilled North Miami Beach wrongful death lawyer in your corner who has handled these cases many times in the past.  Every one of these types of cases is different and each requires a custom and experience-based approach to yield the best results.

Elements Of A Wrongful Death Lawsuit

If you or your loved ones have decided to file a wrongful death lawsuit on behalf of the deceased’s estate, a North Miami wrongful death attorney can assist with providing all of the legal elements of the claim. These elements are crucial for proving a wrongful death verdict is warranted and compensation is owed to the loved ones left behind. Those elements of a wrongful death lawsuit include:

Duty Of Care

The first step when attempting to prove negligence in a Miami wrongful death action is to show that the negligent party owed the deceased a duty of care under the law. For example, in a motorcycle accident, the at-fault driver owes a motorcyclist safe crossing of lanes to avoid a terrible accident. When the at-fault driver does not provide that duty of care and someone is killed as a result, they have not lived up to that duty. 

Breach Of The Applicable Duty Of Care

In order to prove negligence, the plaintiff must show that the defendant violated the standard of care that was owed to the deceased under the circumstances. For example, in the above-mentioned example of a motorcycle accident, if a driver crossed lanes without looking and collided with a motorcyclist traveling at a high rate of speed, that act would likely prove negligence on the part of the defendant driver and conclude a breach of duty of care.

Cause

For the deceased’s loved ones to recover damages in a Miami wrongful death lawsuit, the estate must be able to prove that the negligent acts of the defendant caused the deceased’s death without a doubt. Meaning, the estate has to show that the deceased’s death was foreseeable, yet avoidable if the at-fault party acted accordingly.

Damages

Damages in Miami wrongful death lawsuit can be proven by a number of expert witness testimony. As mentioned previously, there are many damages that are available to the deceased’s loved ones including medical expenses, future lost wages, conscious pain and suffering, and funeral expenses. Not to mention, family members can also claim damages for the value of support and services provided by the deceased, emotional and mental pain and suffering, and more. Luckily, a North Miami Beach wrongful death lawyer can help you navigate this confusing and overwhelming process so that you can worry about what truly matters.

Contact A North Miami Wrongful Death Lawyer

Losing a family member unexpectedly is one of the hardest things a person will experience in their lifetime. Unfortunately, we can’t help you come to emotional terms with the loss; however, we can help you shoulder the legal burdens that are left with their untimely passing. Accidents happen, but when a fatal accident is a result of negligence or unsafe conditions that have been left unaddressed,it’s recommended that you seek counsel from an experienced North Miami wrongful death lawyer who can help you seek justice. If you’ve lost someone due to another’s negligence, contact Florida Legal today for a free case evaluation.