If you are reading this after the loss of a loved one, we are very sorry for your loss. Losing a loved one is never easy, especially due to someone else's negligence. You do not have to go through this process alone. A wrongful death attorney can guide you through the process of filing a wrongful death claim and achieving justice for the wrong that your family has suffered.
What is the Florida Wrongful Death Act?
The Florida Wrongful Death Act, Florida Statutes (Sections 768.16-768.26) permits survivors of the deceased to be compensated for the passing of a loved one due to another person’s negligence. There are various scenarios when a wrongful death claim can be made such as car accidents, defective products, and medical malpractice. Information in this article is limited to wrongful death claims due to car accidents.
Negligence has four elements which must be proven in a wrongful death claim. All four elements must be proven; the failure to prove one or more of these elements is fatal to the entire claim.
When should I contact an attorney for a wrongful death claim?
You should contact an attorney immediately after the passing of a loved one if you believe their death is due to someone else’s negligence. The statute of limitations in wrongful death cases is 2 years from the date of death. There are some exceptions to this. Be sure to talk to a wrongful death attorney to see what exceptions to this, if any, apply to your case.
What type of attorney fee agreement is most common in a wrongful death claim?
Most wrongful death claims are handled on a contingency fee basis. The attorney is paid only if you receive a settlement or a verdict in your favor. The attorney pays in advance for court fees, expert witness fees, and other costs associated with your case which they are later reimbursed for from your settlement or verdict.