If you have lost a loved one because of someone else’s negligence, you may feel a range of emotions – anger, sadness, frustration, and disbelief, to name a few. You may also be wondering if you have any legal recourse. The good news is that in Florida, you may be able to file a wrongful death lawsuit. But who exactly can file for wrongful death in Daytona Beach?
Generally speaking, the personal representative of the deceased’s estate is the one who files the wrongful death lawsuit. In some cases, however, a close relative may be able to file instead.
If you are unsure whether you have the right to file a wrongful death lawsuit, it is best to consult with an experienced attorney who can review your case and advise you on the best course of action. Read on to fully understand who can file for wrongful death in Daytona Beach.
What is a Wrongful Death Claim?
A wrongful death claim is a lawsuit that may be filed by the surviving family members of someone who has died as a result of another person or party’s negligence or illegal actions.
To file a wrongful death claim, the survivors must be able to prove that the death was caused by the negligent or illegal actions of the defendant and that they have suffered financial damages as a result of the death.
Wrongful death claims are typically filed against parties responsible for causing fatal accidents, such as drivers operating their vehicles while under the influence of drugs or alcohol. However, claims can also be filed against parties who have engaged in criminal activities that resulted in a death, such as murder or manslaughter.
In some cases, claims may also be filed against government entities or agencies if it is determined that they were at fault for the death.
You may be entitled to file a wrongful death claim if you have lost a loved one due to another person or party’s negligence or illegal actions. Experienced Daytona beach wrongful death lawyers can help you understand your legal rights and options and can guide you through the process of filing a claim.
Who Can File for Wrongful Death in Daytona Beach?
In the state of Florida, a wrongful death claim may only be filed by the deceased individual’s personal representative. This person is typically the executor or administrator of the decedent’s estate.
In some cases, the surviving spouse, dependent children, or parents who lost a child under 25 may also file a wrongful death lawsuit.
If you have lost a loved one due to the negligence of another, it is important to speak with an experienced Daytona Beach wrongful death attorney to discuss your legal options.
How Much Time Do You Have To File A Wrongful Death Claim?
In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of the decedent’s passing. You will need to act quickly to preserve your legal rights. The court can, however, extend this two-year limitation period under limited circumstances.
What Compensation Is Recoverable in a Wrongful Death Claim?
In a wrongful death claim, the surviving family members may be able to recover various types of compensation for their losses. This can include both economic and non-economic damage.
Economic damage has a specific monetary value, such as medical expenses, lost wages or income, and funeral costs.
Non-economic damages are more difficult to quantify but can include the victim’s conscious pain and suffering prior to death, as well as the loss of the victim’s future earnings and contributions to the family.
The emotional trauma and suffering experienced by the surviving family members are also typically considered in a wrongful death claim. Ultimately, the goal of compensation in a wrongful death claim is to make the surviving family whole again after their tragic loss.
Florida’s Wrongful Death Laws
In Florida, the personal representative of the deceased’s estate is typically responsible for filing a wrongful death claim. The personal representative is usually named in the deceased’s will; if no such individual has been designated, the court will appoint a personal representative.
Once appointed, the personal representative may then proceed with filing the claim. It is important to note that only certain family members may recover compensation from a successful wrongful death claim.
These family members include:
- The deceased’s spouse, minor children, and any parents or adopted siblings dependent on the deceased.
- In cases with no surviving spouse or child, other blood relatives may be eligible to file a claim.
If you have lost a loved one due to someone else’s negligence, you may be entitled to seek justice through a wrongful death claim. An experienced attorney can help you navigate the process and ensure that your rights are protected.
There are many people who can file for wrongful death in Daytona Beach depending on the situation. If you have lost a loved one and believe that their death was due to someone else’s negligence, you may be eligible to file a claim.
The following are some of the most common individuals who can file for wrongful death: spouses, children, parents, and siblings. If you are not sure whether or not you qualify, it is best to speak with experienced Daytona Beach wrongful death lawyers. They will be able to help guide you through the process and determine if filing a claim is the right step for you.
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