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The Foundation of a Wrongful Death Claim in Florida: Who Can Sue and What Can You Recover?

graveyardIf you’ve unexpectedly lost a loved one in an accident, you may be entitled to compensation. At the Law Offices of Robert Dixon, we understand that the sudden death of a relative can be extremely traumatizing for families experiencing the loss. We aim to help families get the maximum compensation possible under the law. While no amount of money can ever make up for the harm, compensation can help ease the financial burdens that accompany such a loss.

Wrongful death cases can arise from a number of situations, including:

  • Automobile accidents
  • Truck accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Boating accidents
  • Airplane accidents
  • Work-related deaths
  • Death caused by defective products
  • Medical malpractice
  • Death caused by dangerous property conditions

If a person is killed due to the negligence of another person, surviving family members of the decedent can file a wrongful death lawsuit on the decedent’s behalf. In the state of Florida, only certain close relatives of a person are able to bring a wrongful death lawsuit. Under the Florida Wrongful Death Act, individuals may bring a wrongful death claim if they are related to the decedent in one of the following ways:

  • Spouse
  • Children
  • Parents
  • Dependent blood relatives
  • Dependent adoptive brothers or sisters
  • Child born outside of wedlock of a mother
  • Child born outside of wedlock of a father if it can be established that the father has taken responsibility for the child’s support

Persons who can recover damages in Florida are known as survivors or beneficiaries. Survivors can obtain compensation for medical expenses, funeral and burial expenses, decedent’s pain and suffering, losses suffered by the decedent’s spouse, loss of financial support, loss of services, loss of companionship, and loss of parental training and guidance, as well as other expenses or financial consequences that result from the decedent’s unexpected death.

The rationale behind wrongful death claims is to shift the losses that occur when a wrongful death happens form the survivors to the wrongdoer. In other words, wrongful death claims hold the responsible party liable for their actions while mitigating the losses suffered by the victim’s close family and/or dependents.

If you have lost a loved one, it is important to consult an experienced wrongful death attorney who can file your case in a timely manner. Under Florida’s Wrongful Death Act, the statute of limitations is two years, which is significantly shorter than other personal injury cases. If you fail to file within this time frame, your claim may be barred altogether.

Losing a loved is an extremely difficult process. At the Law Offices of Robert Dixon, our compassionate and competent South Florida wrongful death attorneys provide representation to families dealing with the death of a loved one. We understand that the sudden or accidental death of a family member impacts everyone involved for a lifetime, which is why we will fight vigorously for your rights. Our goal is to get our clients the justice and fair compensation that they deserve. If your loved one has been killed due to another person’s negligence or recklessness, contact us online or call us today at 1-877-499-HURT (4878) for a free case evaluation.