In Florida and other states, a wrongful death claim is a civil case that can be initiated when a person dies as a result of someone else’s actions. Generally, negligence or a wrongful act that leads to a person’s death is considered “wrongful death.” It’s important to know who can file a case.
As per Florida’s state law, a person who represents the estate of the deceased is legally able to file a claim for wrongful death. That individual can be someone named in the decedent’s will or other type of estate plan. However, if there is no one named, the court can appoint someone as the personal representative.
While the personal representative is the one who files the wrongful death claim, it is generally done so on behalf of the decedent’s surviving family members. Each family member must be named by the representative.
Only certain members of the decedent’s family are legally entitled to recover compensation for damages in a wrongful death case in Florida. They include the following people:
• The deceased individual’s surviving spouse
• The deceased individual’s surviving children
• The deceased individual’s surviving parents
• Any blood relative or adoptive sibling partially or completely dependent on the deceased for financial support or services
There is a statute of limitations for filing a wrongful death claim in Florida. This is the amount of time in which the claim can be filed with the court. In Florida, you have two years from the date of the death to file. To ensure that the case is filed in a timely manner, it’s important to retain experienced wrongful death lawyers in Miami FL as they know all aspects of the law.
If you have lost a loved one to wrongful death in Florida, you need Buchalter Hoffman & Dorchak on your side. It is a reputable Miami Florida accident law firm that will look out for your best interests after the death of your loved one. Wrongful death lawyers in Miami FL will help you to prepare and file your claim. Contact Miami Florida accident law firm Buchalter Hoffman & Dorchak at your earliest convenience.