Are you thinking about filing a wrongful death lawsuit? Here's what you need to know about how this type of lawsuit works.

When you've lost a loved one to someone else's negligence, it's hard to know what to do next. We always recommend hiring an experienced wrongful death attorney to make the process easier during this time of grief.

Before you begin the process of filing a wrongful death lawsuit, we'd like to share some of the basic facts about how wrongful death lawsuits work.

From the statute of limitations to who can file a wrongful death lawsuit in Florida, we've got you covered.

Read on to learn more about how wrongful death lawsuits in Florida work.

When Can You File a Wrongful Death Lawsuit?

What conditions constitute a wrongful death? Common causes include:

  • car accident fatalities
  • medical malpractice
  • plane accident fatalities
  • fatalities caused by product defects
  • intentional killings (in which case the wrongful death lawsuit is separate from the criminal charges)

In other words, if someone's behavior (whether purposeful or negligent) caused or significantly contributed to a person's death, this may be grounds to file a wrongful death lawsuit. The best way to find out is to request a case consultation from an experienced attorney.

In the state of Florida, you will have two years from the time of your loved ones' death to file a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit?

The state of Florida has very specific laws regarding who can file a wrongful death lawsuit. Only the person who has been designated as the personal representative or executor can file the wrongful death lawsuit.

In some cases, this may be a family member or trusted friend. In others, this may be a third-party professional. 

The personal representative must name all beneficiaries when filing the wrongful death claim. In other words, they cannot file a wrongful death claim on behalf of one family member if the deceased had several beneficiaries. Beneficiaries often include spouses and children. However, if the deceased was a minor, the wrongful death lawsuit can encompass parents or other legal guardians.

What Kind of Damages Can You Recover in a Wrongful Death Lawsuit?

According to Florida state law, beneficiaries of the deceased can recover the following damages:

  • medical and funeral expenses
  • lost income
  • lost support and services
  • lost companionship and other emotional pain and suffering
  • lost net accumulation of the estate

How much money this will constitute will vary from case to case. By working with an experienced attorney, you will better position your family to fight for the compensation you deserve.

Let Us Represent You in Your Florida Wrongful Death Lawsuit

If you're looking to file a lawsuit of any kind, the first step is to hire an attorney. Filing a wrongful death lawsuit, in particular, can present unexpected difficulties. Working with a wrongful death attorney is the best way to make the process smoother and more successful.

If you're looking for a wrongful death attorney in the Fort Lauderdale area, consider the VG Law Group. Get started with our free case review today. 

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