Survivors of the deceased may pursue a wrongful death lawsuit in Florida on behalf of a loved one killed because of another’s negligence.
The term “survivors” can refer to the deceased person’s:
- spouse;
- children;
- parents; and
- any blood relative or adopted sibling who was financially dependent on the individual at the time of their passing.
A West Palm Beach wrongful death attorney may help with a claim for wrong death and provide representation for survivors. A wrongful death lawsuit in Florida can also be filed by a personal representative of the decedent. The representative who brings the wrongful death claim may be named in the individual’s last will and testament.
If a representative is not named in the will, or the deceased did not have a will, courts will usually name the surviving spouse as the representative or move to allow any surviving heirs to decide who should be appointed as the deceased’s representative. If these options are not viable, the court will simply appoint an appropriate representative.
Survivors who are unsure about appointing a personal representative or if they are not sure of their eligibility as a beneficiaries, a West Palm Beach wrongful death attorney can help.
Damages for a Wrongful Death Claim
Survivors can seek a variety of damages through a wrongful death lawsuit in Florida. To get an accurate determination of the damages due in a specific case, survivors should contact a West Palm Beach wrongful death attorney for immediate evaluation.
Damages available to survivors in a wrongful death claim can include:
- loss of companionship and protection;
- loss of earnings both current and those expected in the future;
- loss of benefits, including pension plans, health insurance coverage and more;
- mental anguish, pain and suffering;
- medical bills; and
- funeral and burial expenses.
In some situations, survivors may seek punitive damages in the claim which aim to punish the defendant for gross negligence or wrongdoing, or intentional acts that cause injury. Depending on factors surrounding the death, an attorney will be able to advise as to whether punitive damages are a viable option.
A West Palm Beach Wrongful Death Attorney Can Help File a Claim
A wrongful death lawsuit in Florida must be filed within two years from the date of the death. Because of this, survivors should seek the assistance of a qualified attorney when pursing a wrongful death claim.
An attorney can:
- ensure claims are filed properly;
- file a claim in a timely manner;
- gather evidence;
- line up testimony; and
- build a well-organized case.
Anyone who has lost a loved one because of another’s negligence, recklessness or other action may have grounds for a wrongful death claim and be due compensation on their behalf. Survivors may call 888-984-HURT to speak to a West Palm Beach wrongful death attorney at 24/7 Injury Law about their potential to file a wrongful death lawsuit in Florida.