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Understanding making a wrongful death claim in Florida

Dealing with the loss of a loved one is traumatic, and the grieving process can be long and very challenging.

Pursuing legal action when you lose your loved one due to a wrongful death stands to make a difficult time even more confusing and stressful. It is important to understand the laws in Florida that regulate the filing of a wrongful death claim.

Here’s what you should know about Florida’s wrongful death statutes.

Who can file a claim?

The loss of a loved one can be devastating for both friends and family members. When it comes time to make a wrongful death claim, however, there are limits.

In Florida, the person making a claim must be a personal representative of the estate on behalf of the deceased’s spouse, children, parents or dependent siblings related by blood or adoption.

How long do I have to make a claim?

If you lost a loved one due to wrongful death, it is essential to quickly pursue legal action. In Florida, the statute of limitations for filing a wrongful death claim is two years. While two years may seem like a long time, the result of the action could have a significant impact on distributing your loved one’s estate.

What types of damages are available?

While no amount of money can bring back your loved one, awarded damages can help you and your family deal with your loss. Wrongful death damages could include:

  • Medical and funeral expenses
  • Lost companionship for a surviving spouse and children
  • Pain and suffering
  • Lost support to survivors
  • Lost earnings

Keep in mind there may be additional damages from the time a loved one was injured until those injuries resulted in their death.

Making a wrongful death claim is complicated, especially while you are grieving such a significant loss. An experienced legal professional can help you understand how to proceed with a wrongful death claim while always remembering the emotional and mental anguish this type of legal action involves.


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