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Florida Wrongful Death FAQs

Q. Who is eligible to bring a Florida wrongful death claim on a loved one's behalf?

A. A personal representative of the decedent's estate can bring a wrongful death claim on behalf of the estate and any survivors covered by the Florida Wrongful Death Act.

Q. What requirements do I need to meet to win my Florida wrongful death lawsuit?

A. Several factors go into determining the outcome of a wrongful death case. An intelligent Florida wrongful death attorney will never guarantee their client that their case will win. However, chances of a case being successful depend on whether the death was a result of wrongful death. In Florida, wrongful death occurs when someone dies as a direct result of another's negligent or reckless act.

Q. Under Florida wrongful death law, what type of damages can I recover?

A. Survivors can recover expenses associated with the loved one's death including medical bills, mental grief, loss of income and more. Upon contacting a Florida wrongful death lawyer, he or she will help determine the damages that apply to your situation.

Q. Under the Florida Wrongful Death Act, what constitutes a wrongful death?

A. If a person dies because of another's negligence, default, wrongful act or breach of contract or warranty, it is considered a wrongful death. This can include death caused by car accidents, defective products and medical malpractice.

Q. Will it hurt my case if I hestiate in filing a wrongful death claim?

A. Florida's wrongful death statute of limitations allows you two years to file a claim. If you fail to file a claim within this time period, you can be barred from ever receiving wrongful damages. Filing a claim as soon as possible will ensure the statute of limitations does not expire, while allowing your wrongful death attorney enough time to build a firm case.