Don’t let the death of your loved one be in vain. Bring the person responsible for their death to justice and reach out to a wrongful death lawyer in Pinellas for assistance with your civil claim.
A wrongful death lawsuit is much different from the criminal charges that the individual who caused your relative’s death may face. Criminal court focuses on punishing the defendant with prison time and other penalties; civil court seeks compensation for the losses that the surviving family members have endured as a result of their loved one’s death.
If you are wondering what legal options you have in a similar situation, a Pinellas wrongful death lawyer at Anderson & Anderson could help. We’ll work diligently to prove based on a preponderance of the evidence that the liable party is, in fact, to blame for your family member’s death so you and your family can grieve without being burdened by financial worries.
When it comes to wrongful death claims, every state has different laws regarding how long you have to file the claim, and who has the right to file a wrongful death claim, and Florida is no different. Let’s start by reviewing the statute of limitations.
The FL statute of limitations for a personal injury is four years, but when it comes to wrongful death claims, claimants will only have two years after the decedent has died to file their lawsuit. If a claim is not filed within two years, and you attempt to file after the statute of limitations has expired, your claim will be dismissed.
Next, we’ll look at who has the right to file a fatal accident claim. In some states the surviving spouse or adult children will have the right to file the claim.
But in Florida, only the personal representative of the decedent’s estate has the right to do so. Although this could be the surviving spouse of adult children, the representative will have been chosen by the deceased and could therefore be anyone. If a personal representative has not been designated, the the courts will do so on the decedent’s behalf.
As is the case with the other wrongful death laws, there are only certain losses that can be recovered in a wrongful death claim. Any award will be for the sole benefit of the decedent’s surviving spouse, children, and any blood relatives that were financially dependent on the deceased. Recoverable damages might include:
For help holding the person or persons who are to blame for your loved one’s passing to justice, contact a highly qualified Pinellas wrongful death lawyer at Anderson & Anderson. Our compassionate team of attorneys will do everything possible to get the most out of your claim.
You can call our office at 813-251-0072 or complete the brief contact form at the bottom of this page when you are ready to schedule a free claim review.