Boca Raton, FL – When someone experiences a death in their family due to negligence, recklessness, or an intentional act, they are able to bring a civil lawsuit against the party responsible. This can be done independently of any criminal charges for the same incident, or even if criminal charges are never filed at all. A wrongful death case will function like a personal injury lawsuit rather than a criminal trial, as the goal of filing the case is to get compensation for the family rather than punish the defendant.
The wrongful death statute
The law allows a civil case to be filed in the event of a wrongful act, breach of contract, or episode of negligence that results in a death. This includes various types of accidents, but things like car crashes, work injuries, and medical mistakes are some of the most common causes of wrongful death.
The statute says that the victim’s personal representative can bring a claim for monetary damages. The representative is normally the person appointed to represent their estate and the interests of the family members for the purposes of property distribution, finances, and other matters. This person is either named in the will or appointed by a probate court. In addition to the representative, other parties who can show some kind of financial dependence on the deceased person may be eligible to cover damages as well.
Damages awarded to the plaintiff
The damages related to any wrongful death lawsuit or settlement are collected on behalf of the person’s spouse, minor children, or parents. This can include funeral and burial costs, as well as other types of damages for lost income and wages, non-economic damages for pain and suffering, and economic losses related to medical treatment and financial losses incurred at the time of the accident. These damages can vary greatly depending on the specific victim’s earning potential, and the costs that accumulated from the time of the accident to their death.
Time limits to file
A wrongful death statute has a shorter time limit than many other civil actions. In Florida, this time limit is set to two years from the time the person has died under the statute of limitations. If the family waits longer than two years, they will not be able to bring a wrongful death case at all.
Boca Raton injury lawyers
Anyone who needs to speak with a personal injury attorney in Florida can get help and advice from an experienced law firm. The Law Offices of Jeffrey A. Rosenberg is a group of attorneys that works with local clients who need compensation.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487