A Wrongful Death Lawsuit

By Graver Injury Attorneys

Wrongful death lawsuits are often filed when the premature or sudden death of another may have been preventable, if not for the party at fault.

In other words, if the victim is injured, not at fault, and dies, then their demise is considered a wrongful death. And, someone should be held accountable.

So, what happens when an individual or a corporation is responsible for prematurely ending your loved one’s life?

The simple answer is that you would file a wrongful death lawsuit on their behalf, if you so choose.

But, in order to navigate successfully through this difficult situation, you must first know what it entails. There are important things you should know, including when it’s time to hire an expert.

Below are the answers to some common questions surrounding wrongful death lawsuits filed in Florida.

What Are the Most Common Wrongful Death Claims Filed?

Motor vehicle accidents are by far the most common and in no set order can include:

  • Automobiles
  • Pedestrians
  • Bicyclists
  • Semi-trucks
  • Motorcycles
  • Buses
  • Roadside workers

Other wrongful death accidents can involve medical malpractice or even work-related accidents.

What Are the Least Common Wrongful Death Claims?

Less common types of wrongful death claims involve the following:

  • Boating Accidents
  • Drownings
  • Accidental overdoses
  • Poisoning
  • Aviation Accidents
  • Defective Products

These are often filed when a person’s non-lethal injuries inevitably lead to or cause their death.

What is the Statute of Limitations on Wrongful Death Claims?

There is a time limit to file a claim.

Per Florida Statute 95.11:

Floridians have exactly two years to file a claim against an individual or corporation.

However, an extension may be sought in some instances such as fraud, concealment or deliberate representation of facts.

Who is the Target of Wrongful Death Law Suits?

Anyone can be sued for damages in Florida. This might involve an individual or a corporation or both, depending on the circumstances.

Wrongful death claims involve all negligent parties.

For example, sometimes the negligent driver of a vehicle is not the owner of that vehicle. Under Florida’s Dangerous Instrumentality Doctrine, the owner of the vehicle would also be part of the lawsuit, even if they were not driving the vehicle at the time of the accident.

When to Hire an Attorney and Why?

If you are planning to file a wrongful death lawsuit, it is important to understand whether or not you may have a case. Therefore, once you feel ready to, contacting a personal injury attorney is key; preferably well in advance of the statute of limitations expiration date.

Reaching out to a personal injury attorney experienced in wrongful death cases should always be a free consultation. And, representation should be of no cost to you, unless they win your case.

An attorney specializing in wrongful death cases will handle the investigation, the paperwork and everything needed to successfully handle your claim. They will also pay the upfront high costs of going up against large companies or individuals who may be in a financially better position.

Besides bringing value of time and resources, an experienced attorney can bring you peace of mind; enabling you to focus on the healing a loss of this magnitude will likely require.

Finally, hiring an experienced attorney will help to ensure that you receive the compensation that you and your loved ones deserve.