Losing a loved one is one of the most difficult experiences in life. That sense of loss is magnified when the death is unexpected, traumatic, and avoidable. Sometimes, the process of pursuing a case against the person or entity that caused the death can be a cathartic experience that can help victims move on. At the Flanagan Personal Injury & Wrongful Death Law Firm, we are here to handle all your legal issues so that you can focus on your family.
Florida wrongful death cases are governed by the Florida Wrongful Death Act. This legislation specifies how, when, and by whom a case for wrongful death can be brought. Under this act, only the personal representative of the deceased person’s estate may file a case for wrongful death. The case is filed by the personal representative of the estate on behalf of the deceased person’s survivors. Under this law, survivors may include the deceased person’s parents, spouse, and/or children. Brothers, sisters, cousins, and other close family members are not considered to be survivors and are not entitled to any award under the Florida Wrongful Death Act. Many factors can determine whether an immediate family member is a survivor as defined by the act. For example, in a medical malpractice wrongful death case involving a person over the age of twenty-five, that person’s parents are not permitted to make a claim under the Wrongful Death Act.
The statute of limitations for wrongful death cases is two years from the date of the death. Therefore, if you suspect someone else’s negligence played a hand in the death of a loved one or family member, you should contact an experienced wrongful death lawyer right away to determine whether you may have a claim.
Contact our team at (888) 216-8699 today to speak with someone about your potential case.