What Is a Wrongful Death Claim?A wrongful death claim is a legal action that is brought by the surviving family members of a person who has died due to the negligence or intentional act of another person or entity. The family members are typically seeking to receive compensation for their loss, as well as for their emotional suffering. In some cases, punitive damages may be sought as well.
Who Can File a Wrongful Death Claim?In Florida, the following family members are eligible to file a wrongful death claim:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
- The deceased’s siblings
- The deceased’s grandparents
- The deceased’s estate
What Damages Can Be Sought in a Wrongful Death Claim?
The damages that can be sought in a wrongful death claim in Florida vary depending on the circumstances of the case.
Generally, damages can include the following:
- Medical expenses incurred prior to the death of the deceased
- Funeral expenses
- Lost wages and benefits
- Loss of companionship
- Pain and suffering
- Punitive damages
What Is the Statute of Limitations for a Wrongful Death Claim in Florida?In Florida, the statute of limitations for a wrongful death claim is two years from the date of the death. This means that the surviving family members must file their claim within two years from the date of the death or they will be barred from recovering damages.
How Can Stabinski Law Help?
At Stabinski Law, we understand the pain and suffering that comes with the death of a loved one. Our experienced attorneys are here to help you navigate the wrongful death claim process. We have generations of experience handling wrongful death claims in Miami, FL and can work tirelessly to ensure that your rights are protected.
If you have lost a loved one due to the negligence or intentional act of another person or entity, contact the experienced attorneys at Stabinski Law today. We can provide you with a free consultation and will fight to ensure that you receive the compensation you deserve.