Naples Wrongful Death Lawyer
While some people are able to walk away from accidents with no injuries, many are not so lucky. In fact, some of the injuries sustained by accident victims are so severe that they are never able to fully recover, and in some tragic cases, may even lose their lives. When this occurs, the deceased’s loved ones can often file a wrongful death lawsuit, seeking monetary damages for the accident on their relative’s behalf.
While financial compensation can never make up for the loss of a loved one, it can go a long way towards helping the victim’s family members pay off medical bills and household expenses, while they grapple with their grief. These types of cases tend to be both emotionally grueling and legally complex, so if you have questions about filing a wrongful death claim, you should consider reaching out to our team of experienced Naples wrongful death lawyers who can evaluate your case and advise you accordingly.
Who Can File a Wrongful Death Claim in Florida?
Florida law defines a wrongful death as any death resulting from another person or entity’s:
- Wrongful act; or
- Violation of a warranty or contract.
Furthermore, only certain individuals can file a claim on an accident victim’s behalf. In Florida, this is generally the responsibility of the representative named in the decedent’s estate plan. These estate plans, however, are not always in place, especially when the victim in question was young, in which case, a court will appoint a representative to file the claim on behalf of the deceased’s family members.
If the claim is ultimately successful, the deceased’s surviving spouse, children, and parents could be entitled to compensation, as could a blood relative or adoptive sibling who was dependent (at least in part) on the decedent for either financial support or services. There are a few exceptions to this general rule. In medical malpractice cases, for example, only a surviving spouse or minor child can collect damages for a loved one’s untimely demise.
How Long do I Have to File a Wrongful Death Claim?
Under Florida law, plaintiffs only have two years from the date of a relative’s passing to file a wrongful death claim against the at-fault party responsible, although it is possible in some cases to extend this deadline. When a fatality was the result of medical malpractice, for instance, the two year statute of limitations won’t start until the cause of death is actually discovered. Those whose relatives lost their lives as a result of a homicide or other crime are also often eligible for a deadline extension, while the deadline for cases in which the defendant being accused of negligence is a government entity, is four years.
Contact Our Naples Wrongful Death Lawyers to Set Up a Free Consultation
To speak with an experienced Naples wrongful death lawyer about wrongful death laws in Florida, please call Scott Smith Injury Law. We can be reached at our office at 800-500-1530 or by completing one of our brief online contact forms.