In Florida, if someone dies as a result of someone else’s negligence, there’s a specific law applied, the Florida Wrongful Death Statute. That limits the amount of time that you have to bring a claim which is generally two years with some exceptions and who can make a claim and for what. It’s very important that you talk to an attorney about your particular situation to discuss what rights are available to you.
A wrongful death claim must have the following elements:
- The at-fault party had a duty of care concerning the deceased. ”Duty of care,” in legal terms, is an obligation to act with sensible care around others. For instance, a vehicle driver has the obligation to move safely among other motorists, and a building owner has the obligation to keep their premises are hazard-free for guests.
- The responsible party breached their duty of care. In car accidents, examples of failing or breaching the duty of care could be exceeding the speed limit, driving under the influence, and failing to obey traffic signs.
- The failure directly caused the death. You and your attorney must establish that the decedent’s death was generated by the liable party’s negligence, and not, let’s say, by a prior injury or illness.
- The casualty incurred actual damages. “Actual damages” refers to losses you experienced due to your loved one’s passing. These can be financial, emotional, and physical losses, such as the decedent’s medical bills and loss of companionship.
