Wrongful Death
Florida Wrongful Death Lawyers
The loss of a family member or a loved one is a tragedy that cannot be adequately compensated. When you lose a loved one as a result of someone's negligence it is important to consult with a Florida wrongful death lawyers who is well versed in Florida's Wrongful Death Act (Florida Statutes Sections 768.16-768.26). The legislative purpose behind Florida's Wrongful Death Act is to shift the losses resulting from wrongful death from the decedent to the wrongdoer.
After losing a loved one, the last thing you want to think about is taking legal action. However, prompt action is often necessary to determine who is the wrongdoer, the extent of negligence involved and to preserve any evidence necessary to illustrate the negligence of another.
It is imperative you take notice that Florida has a two-year statute of limitations period to file a wrongful death lawsuit. If a lawsuit is not filed within the two-year period following the decedent's date of death, your legal right to sue will expire as a result of the statute of limitations in accordance with Florida Statute.
History of Wrongful Death Actions
In the past, a cause of action for personal injuries, resulting in the death of the victim, terminated at the time of the party’s death. It seemed natural that no cause of action could exist for the wrongful death of a human being, and such recovery would need to be created statutorily.
In 1883 Florida enacted legislation providing a right to recover for the wrongful death of a human being. Over the years the act has evolved from allowing very limited recovery in limited circumstances to being much more broadly construed.
Today, a wrongful death action may be brought by any of the statutory beneficiaries. The act gives survivors a right of action based on the underlying tort committed against the decedent that caused, which caused his death.
Elements of a Florida Wrongful Death Claim
In order for an estate to have a proper cause of action in accordance with Florida's Wrongful Death Act, the following elements must be met:
1.) Death of a person,
2.) the death must be caused by the negligence of another person or entity,
3.) the decedent’s family member must be presently suffering a financial loss as a result of the death,
4.) an estate must be set up pursuant to Florida Statute and a personal representative for the decedent
The death of a person is a relatively obvious element to prove. Generally, it is not a point of contention where there has been an identification of the decedent.
The issue of negligence is more complicated. For negligence to be proven three things must be shown: 1) that there was a legal duty owed by the defendant to the plaintiff, 2.) that the duty owed was breached, 3. that an injury was caused to the decedent by the defendant’s breach.
An ordinary negligence claim would require that the plaintiff show that damages resulted from the injury suffered. However, a wrongful death action requires that the decedent’s family member must be presently suffering a loss.
Allow Dolman Law Group to Handle Your Wrongful Death Case
The loss of a loved one is traumatic. That’s why you need an experienced professional to deal with the intricacies of a wrongful death action. The Dolman Law Group will assist you in thoroughly investigating the potential case and setting up an estate so that you may seek proper compensation in accordance with Florida probate law.
As a law firm that routinely handles wrongful death claims and lawsuits, we are committed to fighting for your rightful compensation for this tragic loss. Our Clearwater based Florida wrongful death attorneys will fight the respective insurance carrier to ensure that adequate compensation is paid for the loss of benefits, loss of companionship (which may include punitive damages), direct expenses including medical bills and funeral cost, loss of future earning power and punitive damages to punish the wrongdoer for causing the ultimate tragedy.
Contact Our Florida Wrongful Death Personal Injury Law Firm For A Free Consultation
When selecting a wrongful death attorney or wrongful death law firm, it is imperative you note the experience they have in handling and litigating this unique type of case. Many personal injury law firms either do not litigate or have a reputation for being hesitant to aggressively pursue claims. We are committed to zealously pursuing a wrongful death claim and have the necessary resources to see a case through jury trial if necessary.
We pursue personal injury claims statewide and have been honored to be retained by fellow law firms as co-counsel in a number of cases that have been litigated in several Florida jurisdictions.
If you have suffered the loss of a family member or loved one as a result of the negligent conduct of an individual or corporation, contact a Clearwater based Florida wrongful death attorney for a free, no obligation, and confidential evaluation.
