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Alpizar Law Is Helping Melbourne, FL Residents With Wrongful Death Claims

If your loved one was killed due to another person’s negligence or misconduct, you might be qualified to file a wrongful death claim in Florida. As with anything regarding the law, the devil is in the details. Before you proceed into filing a wrongful death claim in Florida, it’s important to acquaint yourself with specific rules regarding eligibility and what you can do to maximize compensation.

What Is A Wrongful Death Lawsuit?

A wrongful death claim is a civil lawsuit that may be brought to court when the wrongful act or negligence of one party leads to the death of another person. The law stipulates a clear legal process through which the person, persons, or company, or entity responsible for the unfortunate incident can be held liable and accountable for payment of financial compensation.

Who May Bring A Florida Wrongful Death Claim?

Florida law requires the personal representative of the deceased person’s estate to file the wrongful death claim. The personal representative may be named in the deceased person’s will or estate plan. In a situation where there’s no will or estate plan, the representative will be appointed by the court. In the wrongful death claim, the personal representative must list all the survivors who have interest in the case.

Family members who may be eligible to recover damages in a Florida wrongful death case include:

  • The deceased person’s spouse, children, or parents
  • Any blood relative or adoptive sibling who is partly or whole dependent on the deceased for support.
  • A child born to unmarried parents

Time Limits for Filing a Florida Wrongful Death Lawsuit

A statute of limitations is the time limits set on your right to file a wrongful death lawsuit. According to Florida Statutes section 95.11(4)(d), a wrongful death lawsuit in Florida must be filed within two years of the date of death in most cases. The deadline may, however, be “tolled” or postponed under a few specific circumstances. An experienced Melbourne wrongful death attorney can help you determine exactly when the statute of limitations expires in your own case.

How To Claim Damages For Wrongful Death Cases In Florida

Liability in a wrongful death claim is solely expressed in terms of monetary damages. Although a criminal case related to the wrongful death might also be filled in court, it typically addresses different courses and does not result in damages being paid to the estate or the surviving family members.

Damages can that be claimed include:

  • Loss of companionship, guidance, protection provided by the deceased
  • Medical or funeral expenses
  • The value of support the deceased person would have provided to their dependent
  • Mental and emotional distress resulting from the loss
  • Loss of wages, benefits and other earnings the deceased could have made if they had lived

Have You Lost A Loved One Due To Another Person’s Negligence in Melbourne, FL?

If you’ve lost a loved one in Melbourne, Florida due to the negligence of another person, get in touch with Alpizar Law. With over 65 years of legal experience, the firm’s legal team is better qualified to help you get the compensation that you need and deserve. They offer free consultation services to learn about your case and advise you on your options. For more information, visit their official website or call 321-676-2511.

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