There may be nothing more painful in life than losing a loved one, and this pain is greater when the death was avoidable and the result of the careless actions of another person or business. Nothing that will be able to bring back your loved one or fill that void in your life, but working with a compassionate personal injury attorney can help you honor your loved one and protect your legal rights.
When someone dies due to the wrongful actions or negligence of another, their family can file a civil claim for wrongful death. However, there is a limited time to act because the time limit to file a lawsuit for a wrongful death claim is typically two years from the date of death. The need to gather evidence and support for a potential wrongful death claim can impede upon the family’s time for mourning. Fortunately, a Coral Gables wrongful death lawyer can help provide you the space you need by focusing on your case while you focus on grieving the loss of and honoring the memory of your beloved family member.
Only the personal representative of the deceased has the legal right to file a wrongful death lawsuit on behalf of the estate and for the benefit of the surviving family members. A personal representative is designated to make legal decisions concerning a deceased person’s estate. Florida Statutes § 731.201 establishes who qualifies as a personal representative, and they can either be the executor appointed by a legally enforceable will or the person appointed by the probate court when there is no will. While family members can have a say so in whether to file a wrongful death case, the personal representative is ultimately responsible for hiring and working with the estate’s attorney and making strategy and settlement decisions.
The state’s Wrongful Death Act governs wrongful death actions and establishes the types of damages potentially recoverable in such cases (Florida Statutes § 768.21) and who can recover damages (Florida Statutes § 768.18). Under a wrongful death action, damages are potentially recoverable for survivors, including spouses, children, parents, and other relatives who depended in whole or in part for support or services by the deceased, as well as reimbursement for medical or funeral expenses they incurred related to the deceased loved one.
Spouses and children can seek recovery for lost companionship, mental pain and suffering, and lost earnings. A personal representative should consult with an experienced Coral Gables wrongful death lawyer to understand and pursue the best possible recovery on behalf of the survivors and the estate of a lost loved one.
Many negligent or wrongful actions or lack of actions can result in death and potentially support a wrongful death case. A few examples include:
Depending on the accident or incident that resulted in death, there are many different potential defendants in a wrongful death case. These may include negligent drivers and, in the case of driving under the influence, those individuals or businesses who supplied the drugs or alcohol. It could include companies designing, building, or selling defective products or medical professionals who committed malpractice. An experienced Coral Gables wrongful death lawyer understands the circumstances of a wrongful death claim and how to develop and pursue the best strategy to maximize the potential recovery for the survivors and estate.
Wrongful death actions can be complicated and confusing, especially during the immediate aftermath of the loss of a loved one. Working with a Coral Gables wrongful death lawyer like those at Shirazi and D’Escoubet Law Group allows the surviving family members to focus on their healing while the experts focus on pursuing legal recovery. Contact us today to schedule a consultation.
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