Wrongful death lawsuits center around one party being proximately responsible for the death of another. The compensation awarded in these cases can greatly help the surviving family members of the deceased to financially recover from damages such as emotional suffering, funeral expenses, and monetary support lost due to their family member’s death. In pursuing wrongful death cases, individuals often find it essential to obtain the assistance of a professional Trinity wrongful death lawyer to ensure their case is strong, convincing, and likely to succeed. Read on to learn more about how a skilled injury attorney could help your case today.
The Florida Wrongful Death Act
Florida Statutes 768.16-26 specify who can initiate a wrongful death lawsuit. Before filing a wrongful death lawsuit in Trinity, the plaintiff must establish that the deceased’s estate appointed a personal representative. In many situations, the personal representative of the decedent will be to file the lawsuit.
While wrongful death lawsuits against government agencies can result in up to $300,000 in compensation, individuals pursuing workers’ compensation benefits for a wrongful death may be awarded a maximum benefit of $150,000, in addition to $7,500 in funeral costs. While medical malpractice suits were once similarly capped, these limits were removed in 2014 by the Florida Supreme Court. Reach out to an experienced injury attorney to learn more.
Florida’s Statute of Limitations
The time limit to file a wrongful death case (also known as the statute of limitations) is two years. If someone fails to file a lawsuit within this time period, the individual will be barred from receiving any compensation at all for that particular case. Florida’s Wrongful Death Act states this two-year period begins when the last element of the action occurs. This time limit highlights the significance of reaching out to a skilled Trinity wrongful death lawyer as soon as possible to help in the preservation of evidence and other necessary proceedings.
Wrongful Death vs. Murder Cases
Wrongful death cases and murder both involve deaths, but proceed very differently through the Trinity legal system. While wrongful deaths are civil cases that are tried in the civil court, murder is a criminal offense that is tried in criminal court. The penalty attached to wrongful death is a substantial fine, while the penalties for murder often include incarceration. An accusation of murder must be proven beyond a reasonable doubt, which is a higher standard of evidence compared to the preponderance of evidence needed to prove a wrongful death case.
Compensation in Wrongful Death Cases
Courts consider various factors when determining how much compensation to award a party suing for wrongful death. One of the most significant factors that can influence this award is the surviving individual’s relationship to the deceased. Minor children can obtain compensation for lost companionship and emotional suffering that began with the event that caused their parent’s death. If there is a surviving spouse, children over the age of 25 cannot recover certain types of damages. A surviving spouse is eligible to obtain compensation for the loss of the decedent’s companionship, as well as any associated pain and suffering. If there are no other survivors, a surviving parent of a deceased may obtain compensation for any mental pain and suffering experienced since the date of the accident.
Speak with a Trinity Wrongful Death Lawyer Today
An experienced Trinity wrongful death lawyer understands just how difficult the death of a loved one can be and could remain dedicated to your case from start to finish to potentially help in obtaining the compensation that you deserve. Reach out to a compassionate Trinity wrongful death lawyer today to schedule your initial consultation.