Losing a loved one is always painful, but it’s especially devastating when the loss is caused by someone else’s negligence or misconduct. In Florida, families have the right to pursue a wrongful death claim to hold the responsible parties accountable and recover damages for their loss. Understanding how these claims work can help families navigate this difficult time.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies as a result of another party’s negligence, recklessness, or intentional actions. These claims aim to provide financial support to the surviving family members and bring a measure of justice for their loss.
Common scenarios include:
- Fatal car accidents caused by drunk or distracted drivers
- Medical malpractice resulting in death
- Workplace accidents due to unsafe conditions
- Defective products or dangerous consumer goods
- Criminal acts leading to death
Who Can File a Wrongful Death Claim in Florida?
Florida’s Wrongful Death Act outlines who may bring a claim. Typically, the personal representative of the deceased’s estate files the lawsuit on behalf of:
- The surviving spouse
- Children
- Parents
- Other dependents or beneficiaries
Damages Available in a Wrongful Death Case
Compensation in a wrongful death claim can include:
- Medical and funeral expenses
- Loss of the deceased’s income and future earning capacity
- Loss of companionship, guidance, and support
- Pain and suffering experienced by surviving family members
- Punitive damages in cases of gross negligence or intentional harm
Statute of Limitations in Florida
In Florida, the statute of limitations for wrongful death claims is generally two years from the date of death. Missing this deadline can bar the family from pursuing compensation, so it’s important to act quickly.
Proving a Wrongful Death Claim
To succeed in a wrongful death lawsuit, the plaintiff must show:
- The defendant had a duty of care toward the deceased.
- The defendant breached that duty through negligence or intentional conduct.
- The breach directly caused the death.
- Surviving family members suffered damages as a result.
Evidence may include accident reports, medical records, expert testimony, and witness statements.
How Darfoor Law Firm Can Help
At Darfoor Law, we know that no amount of money can replace a loved one. But we also understand the financial and emotional toll wrongful death can have on a family. We handle every aspect of the case—from investigating the cause of death to negotiating or litigating for maximum compensation—so families can focus on healing.
If you’ve lost a loved one due to someone else’s negligence, contact Darfoor Law today for a free consultation. We’re here to fight for justice on your behalf.
The post Wrongful Death Claims: Justice for Families Left Behind appeared first on The Injury Advocates.
