Losing a loved one is unbearable. Unfortunately, individuals may lose their life due to another party’s negligent actions. When an individual dies because of a party’s wrongful acts, they are entitled to file a wrongful death claim. However, there are strict laws in regards to who is eligible to file a wrongful death claim on behalf of the deceased. If your loved one has died due to another party’s negligence, reach out to a skilled Port St. Lucie Wrongful Death Lawyer who can help you seek justice on behalf of your loved one.
What is “wrongful death” in Florida?
According to Florida law, when a person dies due to another party’s “wrongful act, negligence, default, or breach of contract warranty” it is a wrongful death. Regardless of whether the individuals actions were accidental or intentional, if the deceased person’s death could have been prevented if the individual acted differently a personal representative can file a claim on the deceased person’s behalf.
Who is eligible?
Typically, eligibility varies in each state due to their laws and regulations. In most states, the only individuals who can file a wrongful death claim are a decedent’s beneficiaries such as their spouse, child, or parent. However, in Florida, the decedents executor or personal representative can file a wrongful death claim. The executor acts on behalf of the decedents estate. If the decedent did not designate a personal representatives, the court will appoint one on their behalf. Once the court appoints an individual, they will be responsible for pursing a wrongful death lawsuit.
How long do I have to pursue legal action?
In Florida, personal representatives have two years from the date of the person’s death to file a wrongful death claim. If the personal representative fails to file a claim within this time frame, they will be barred from ever doing so in the future.
How to fulfill the burden of proof?
Personal representatives must fulfill the burden of proof in order to recover financial compensation for their losses. To fulfill the burden of proof, personal representatives must prove their loved ones death was directly caused by a person or entities negligence and would have otherwise been alive today if they acted differently. Essentially, they must prove that the negligent party had a duty of care and breached that standard resulting in the death of their loved one. Additionally, they must prove if the deceased survived the wrongful act, they would have been entitled to recover damages for their losses.
If you lose a loved one due to another person’s negligent actions, consult one of our determined team members who can help you file a wrongful death claim within the right time frame in order to recover just compensation for your unbearable loss.