Factors Involved in a Wrongful Death Lawsuit

FuneralIf someone you love dies as a result of another person’s negligent, reckless, or careless actions, you may have the right to file a wrongful death lawsuit. However, it is important to understand the various factors involved in a wrongful death claim that can potentially affect how the case is handled such as knowing who can file, how long you have to file, and what damages you may be able to recover.

At The Pittman Firm, P.A., we understand how difficult this time can be for you and your family. Our wrongful death attorneys in the Florida Panhandle outline some of the things you need to know when it comes to wrongful death lawsuits so you can better understand your next step.

Statute of Limitations

In Florida, a wrongful death lawsuit must be filed within two years after the day of the death. Unfortunately, legal action is not something that most families think about immediately after losing someone they love. It is important, though, to act quickly when moving forward in these types of cases. Failure to file before the statute of limitations runs out may leave you unable to secure compensation.

Who Can File?

Florida Statute 768.21 outlines who can file a wrongful death lawsuit on behalf of the decedent. Florida limits the claims-filing process to surviving spouses and children under the age of 25. In special circumstances, children over the age of 25 with mental or physical conditions who relied on the parent for support may be able to seek damages.

Damages You May Recover

Depending on the circumstances involved, the surviving parties may be able to seek damages for loss of companionship, the decedent’s pain and suffering from the date of injury to the date of death, lost parental support, future loss of earnings, funeral expenses, and more.

Our Florida Panhandle wrongful death attorneys are dedicated to helping families who have been effected by the loss of a loved one because of an act of negligence. If you need to speak with an attorney, call our firm and learn how we may be able to help you.

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