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Home » Wrongful Death » How Florida’s Wrongful Death Act Affects Your Rights as a Survivor

How Florida’s Wrongful Death Act Affects Your Rights as a Survivor

How Florida's Wrongful Death Act Affects Your Rights as a Survivor

Losing a loved one due to the negligence or misconduct of another party is a devastating experience. However, survivors in Florida have legal options available to them under the state’s Wrongful Death Act.

By understanding your rights as a survivor, you can take the necessary steps to seek justice and hold the responsible party accountable for their actions. Seeking help from our wrongful death attorney in Daytona Beach early on will ensure you know your legal options and have the best chance of protecting your rights.

Who Can File a Wrongful Death Claim?

According to Florida’s wrongful death statute, only the personal representative of the deceased individual is eligible to file a wrongful death claim. Typically, this individual serves as the executor or administrator of the decedent’s estate.

The personal representative initiates the wrongful death claim to seek justice for surviving family members who have endured the loss of their loved one. When filing a wrongful death action, the personal representative must identify family members with a stake in the wrongful death claim, including:

  • Spouse: The surviving spouse of the deceased has the right to recover compensation from a wrongful death claim.
  • Children: Minor children of the deceased, as well as adult children who were financially dependent on the deceased, may also recover compensation from a wrongful death claim.
  • Parents: If the deceased was a minor child, their parents may recover compensation from a wrongful death claim.

Additionally, if the deceased was an adult with no surviving spouse or children, their parents may be eligible to recover compensation from a wrongful death claim if they were dependent on the deceased for support. Working with a dedicated legal team can make all the difference in protecting your rights.

The Importance of Seeking Legal Advice

Facing the aftermath of a wrongful death can be overwhelming. This is where seeking legal advice becomes crucial. A knowledgeable Florida personal injury lawyer can help you file a wrongful death claim on your behalf, ensuring your rights as a survivor are protected.

By consulting with a skilled wrongful death attorney in Daytona Beach or a trusted Florida personal injury lawyer, you gain access to invaluable expertise during this challenging time. They can explain who is eligible to file a claim under the Act and what damages you may be entitled to receive.

Damages Available Under the Florida Wrongful Death Act

One of the key aspects of the Florida Wrongful Death Act is the damages that may be awarded to survivors. These damages are intended to compensate survivors for their losses and may include:

  • Loss of Support and Services: Survivors may be entitled to compensation for the value of the support and services the deceased provided.
  • Mental Pain and Suffering: Survivors may receive damages for the mental pain and suffering caused by the loss of their loved one.
  • Medical and Funeral Expenses: Medical treatment and funeral expenses incurred due to the death may be recovered through a wrongful death claim.
  • Loss of Companionship: Survivors may be compensated for the loss of companionship, guidance, and protection the deceased provided.
  • Lost Earnings and Future Income: If the deceased was a primary breadwinner, survivors may be entitled to compensation for the loss of their financial support, including future income that the deceased would have earned.

Time Limitations for Filing a Wrongful Death Claim

In most cases, the statute of limitations is two years from the date of death. However, there are exceptions to this rule, so it’s crucial to consult with an experienced wrongful death attorney in Daytona Beach as soon as possible to ensure that your rights are protected.

Comparative Fault in Wrongful Death Cases

Florida follows a system of comparative fault, which means that the amount of compensation a survivor receives may be reduced if they are found to bear some responsibility for the death of their loved one.

For example, if the deceased was partially at fault for the accident that led to their death, the compensation awarded to the survivor may be reduced proportionally. Our Florida personal injury lawyer can help you present strong evidence supporting your claim so that you can prove that the defendant is responsible for the accident and that you deserve justice.

Call Our Florida Personal Injury Lawyer Now

Our team at Zimmet & Zimmet understands the overwhelming impact that the sudden loss of a loved one can have on your family, which is why we are dedicated to providing compassionate and aggressive legal representation for wrongful death cases.

While no amount of compensation can ease the pain of your loss, we believe that fighting for justice and holding those responsible accountable can provide some closure for grieving families. If you have experienced the loss of a loved one, contact our wrongful death attorney in Daytona Beach. We are here to support you every step of the way during this difficult time.

Have you been injured in an accident or fall? Do You have question and want to know your legal options.
Call 386-255-6400  for a free consultation and remember there is NO FEE unless WE Win.

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