You may file a wrongful death lawsuit by:
- Ensuring you are eligible to file a wrongful death lawsuit
- Filing a complaint in the appropriate civil court, documenting your reasons for filing a wrongful death lawsuit
- Filing a summons to notify defendants of your lawsuit
- Completing the next steps in the wrongful death process, including but not limited to settlement negotiations
If you are not a lawyer, this process may be completely unfamiliar to you. You can hire an attorney from our firm to handle your wrongful death case.
Who Can File a Wrongful Death Lawsuit?
Per Florida Statutes § 768.21, Florida allows a representative of the decedent’s estate to file a wrongful death lawsuit. You may be able to hire an attorney from our firm to lead your wrongful death case. We can provide further guidance about who is eligible to file your wrongful death claim.
Florida Allows Specific Relatives to Seek Compensation Through a Wrongful Death Claim
Florida lawmakers recognize that a wrongful death impacts multiple family members. Potential beneficiaries in a wrongful death case include:
- The spouse of the decedent
- Minor and adult children of the decedent
- Parents of the decedent
The age of the decedent may affect who can pursue compensation. For example, a parent may be able to seek compensation for a minor child’s passing, but not an adult child, unless there are no other survivors. These rules can be confusing, and we can review the unique details of your case.
While these are the three primary types of plaintiffs in wrongful death cases, it is generally worth exploring your eligibility to file a wrongful death claim. Especially in unconventional family structures or informal romantic partnerships, speaking with an attorney may provide clarity.
Need free legal help in Florida? Call 321-617-1080 today!
What Damages Are Recoverable in Wrongful Death Lawsuits?
Damages differ for each victim of a wrongful death. However, our firm commonly sees certain types of losses across different wrongful death cases, including:
- Pain and suffering: Losing a loved one can cause great pain and suffering, including grief, depression, and lost quality of life. Our firm can seek coverage for your pain and suffering, as well as the pain and suffering the decedent experienced before passing away.
- Treatment for pain and suffering: If you need counseling, medication, or other treatments for pain caused by a wrongful death, we will seek compensation to cover your treatment costs.
- Funeral expenses: You may get compensation for the funeral and burial of your loved one. As Healthline explains, these costs can be substantial, and liable parties may cover them.
- Loss of companionship and guidance: Spouses can seek compensation for lost companionship, while children who lose a parent may get compensation for the guidance they have lost. Other non-economic damages may be part of your wrongful death case, too.
- Medical expenses: If your loved one received medical care for their fatal injuries or illness, these expenses may be recoverable.
- Lost financial support: The loss of a loved one’s salary, wages, professional benefits, value to your household, and other forms of financial support may be recoverable.
Who Will Cover the Damages Caused by a Wrongful Death?
Our firm can determine who should cover your losses. You may already know who is responsible for your loved one’s death, but we may identify additional liable parties for your tragic loss.
We generally look for anyone whose negligence contributed to your loved one’s death. From car accidents to medical malpractice, it is possible that someone directly caused or contributed to your loved one passing away.
We’ll identify negligence by asking:
- Did this person owe your loved one a duty of care? A duty of care requires an individual to act reasonably, whether they are manufacturing a product, driving a motor vehicle, performing a surgery, or engaging in any other activity that could cause harm to others.
- Did this person violate their duty of care to your loved one? If the individual acted in any unreasonable manner that contributed to your loved one’s passing, they may have violated their duty of care.
- Did the violation of duty of care contribute to fatal circumstances? We will work to prove a connection between the defendant’s negligence and your loved one’s passing.
- Did damages result from the violation of duty of care? If you have lost a loved one, you have suffered damages.
Along with aiming to prove negligence, our firm will handle every other step in your wrongful death lawsuit. This includes filing paperwork, gathering evidence, negotiating a settlement, and going to trial if necessary.
Call Andrew Pickett Law, PLLC Today for Your Free Consultation
We seek justice for those who have paid the ultimate price. If your loved one is no longer with us because of someone else’s negligence, let us fight for justice.
Contact Andrew Pickett Law, PLLC today for your free consultation. Having taken more than 50 trials to a jury verdict in the past ten years, Attorney Andrew Pickett has proven that he fights for the compensation his clients deserve. We offer clear, consistent communication and will keep you up-to-date throughout your case.