Wrongful death cases tend to have a shorter time limit to be filed than many other kinds of injury lawsuits. This is why it is important for the victim’s family to try to get legal advice as soon as possible after the accident.
Delray Beach, FL – In situations where someone is injured in an accident and needs to bring a lawsuit, they can contact an attorney and start the process on their own. However, when someone sustains fatal injuries, their family can bring a lawsuit on their behalf called a wrongful death case. Florida has specific rules outlining the process for these kinds of lawsuits set by statutory law.
Lawsuits after fatal injuries
Regardless of whether criminal charges are filed against the defendant or not, the victim’s family may take action through the civil courts for compensation.
This lawsuit actually needs to be filed by the executor of the dead person’s estate rather than the family member. Any compensation collected will be distributed to the family through the estate. The representative will identify and list the family members that may potentially receive this money after a settlement or verdict in favor of the plaintiff. The attorney for the victim’s family can explain more about how this process to distribute any compensation collected through the estate works.
Damages after a fatal accident
There are several different types of expenses the family can attempt to recover through a wrongful death case. Costs tied to a funeral and burial are a type of damages that may be recovered, and this is unique to cases involving fatalities unlike other personal injury lawsuits. Another unique aspect of damages in a fatal injury case is the costs of a person’s future earning potential and lost wages, as well as the value of any services they would have provided if they had lived. In addition to these kinds of damages, like all other personal injury cases, the victim can recover non-economic damages for pain and suffering. They can also make an argument for economic losses tied to medical treatment and costs before the family member died.
Statute of limitations
Wrongful death cases tend to have a shorter time limit to be filed than many other kinds of injury lawsuits. This is why it is important for the victim’s family to try to get legal advice as soon as possible after the accident. The statute of limitations for a wrongful death case in Florida is set at two years. This time limit is extended if the party responsible was charged with murder or manslaughter.
Learning more about Florida’s wrongful death law
The Law Offices of Jeffrey A. Rosenberg is a firm that helps people with lawsuits in Delray Beach and nearby parts of Florida. Their attorneys are available to discuss the process to receive compensation.