An Overview of Important Wrongful Death Laws

Losing a loved one due to someone else’s negligence or wrongdoing is a devastating experience, and it can leave families facing emotional and financial hardships. In Florida, wrongful death laws are designed to help surviving family members seek justice and recover compensation for their unimaginable loss. These laws outline who can file a claim, the types of damages available, and the deadlines for taking legal action. Understanding the key aspects of Florida’s wrongful death statutes is essential for navigating the legal process during such a difficult time. Our Florida legal team provides valuable insights into the rights and options available to grieving families under Florida law.

At Hersh Kirtman Injury Law, we understand how complex and emotionally challenging wrongful death cases can be for grieving families. With years of experience navigating Florida’s wrongful death laws, we provide compassionate guidance while working diligently to ensure your loved one’s story is told and justice is pursued. Our commitment to client care and meticulous attention to detail sets us apart in handling these sensitive claims.

Understanding Important Wrongful Death Laws in the State of Florida

While no amount of compensation can ever make up for the unimaginable loss of a loved one due to negligence, you and your family still deserve justice for what happened and for the loss. That is why it is crucial that a wrongful death claim is filed. However, before filing a wrongful death claim in Florida on behalf of your loved one, it is important to understand the laws concerning this type of legal process. 

Who Can File a Wrongful Death Claim in Florida?

In Florida, the only party that can file a wrongful death claim is the personal representative of the deceased’s estate. The personal representative either named in the deceased’s will, or appointed by the court through intestacy laws if there was no final, legal will. Our team will help your family navigate the probate process so that an appropriate personal representative is appointed, for the claim to be pursued. 

Who Can Recover Damages for a Wrongful Death Claim in Florida?

While the personal representative is the only party who can file the wrongful death claim, the surviving family members of the deceased individual are the ones who are eligible to recover compensation for their loss. These individuals may include the following:

• The deceased’s spouse 
• The deceased’s children 
• The deceased’s parents 
• Any blood relatives or adopted siblings who were financially dependent on the deceased individual

The damages the surviving family members may be eligible to recover for a wrongful death claim in Florida include the following:

• Mental pain and suffering
• Loss of companionship and protection
• Loss of support and services

The estate of the deceased loved one also has certain rights to recover damages, including the following:

• Medical bills and funeral expenses 
• Lost net accumulations

Who is entitled to recover damages is detailed in Florida’s Wrongful Death Act, and depends on the unique circumstances in each case. It is important to speak to a knowledgeable and experienced lawyer to best understand who may be entitled to recover damages in the event of a wrongful death.

In a terrible twist in the law, Florida limits the statutory survivors in medical malpractice cases, so that in some instances, where a loved one passes away with no spouse and no minor children, there may be no family member who can recover non-economic harm. This is often referred to as the “Free Kill Law.” It has been the subject of numerous efforts over the years in Tallahassee to have it repealed or changed. But it sadly remains the law in Florida at this time.

What Is the Statute of Limitations to File a Wrongful Death Claim in Florida?

The statute of limitations is a legal term used to describe the amount of time allotted to individuals to take legal action for certain types of cases. In Florida, the statute of limitations for wrongful death claims is two years from the date of the death. This means that the personal representative of the deceased’s estate has up to two years to file a claim to recover damages.

To learn more about how you can file a successful wrongful death claim, contact a trusted Florida lawyer today.

How Hersh Kirtman Injury Law Supports Families in Wrongful Death Claims

Navigating Florida’s wrongful death laws requires compassion, focus, and a thorough understanding of the legal process. At Hersh Kirtman Injury Law, we provide unwavering support to grieving families, ensuring their loved one’s story is told and their rights are protected. Our years of experience and attention to detail empower us to handle the complexities of these cases while maintaining a compassionate approach.

If your family is considering a wrongful death claim, reach out to us at (561) 208-3700 or through our contact form.