Death is never an easy event to come to terms with, especially when the loss is caused by the negligence or misconduct of someone. In such events, the surviving family members of the victim are eligible to file a wrongful death lawsuit. The majority of wrongful death cases use similar evidence to criminal trials but require a lesser level of proof. Nonetheless, a person judged accountable for wrongful death may or may not also be found guilty of a crime connected to that death.
A good example is the infamous O.J. Simpson trial for murder. Although the prosecution was unable to prove O.J. Simpson’s guilt beyond a reasonable doubt, he was ruled not guilty of murder in 1994. But during the civil trial, the families of the deceased were able to establish that he was accountable by a preponderance of the evidence. Consequently, he was found liable for the tragic deaths of the two victims.
Each state has its own wrongful death laws, which outline how they handle such matters. Although in Florida, the law permits beneficiaries to claim and receive compensation. This rule is crucial for surviving family members affected by debt after a death brought on by someone else’s carelessness or negligence. Miami wrongful death lawyers can help you with your case if you need to seek compensation for your loved one’s death.
What’s a wrongful death lawsuit?
According to Florida law, a wrongful death occurs if an individual or entity commits a “wrongful act, negligence, default, or breach of contract or warranty,” resulting in the death of another person. Florida Statute 768.19 (2021) In other terms, wrongful death happens when someone passes away as a result of someone else’s legally wrong actions or inactions, such as an accident caused by negligence, medical negligence, a bad product, or an intentional act.
Important Laws Regarding Wrongful Death You Should Know About
Statute of Limitations
While each state has its own statute of limitations for wrongful death cases, all of them give a surviving family member at least a year to pursue a claim against another private party. In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This is specified under Florida Statute 95.11(4)(d). Typically, the time period starts on the day of the decedent’s death, and after the timeframe expires, the court no longer has the right to punish the defendant and might dismiss the case. However, if you are in a similar situation, you should talk to a legal counselor so they can explain your options to you because there can be exceptions that apply to your case.
Plaintiffs in a wrongful death lawsuit
Sometimes the state where the wrongful death case occurred has laws that specify who is eligible to file a lawsuit. The surviving family members’ estate may bring a lawsuit under Florida’s wrongful death statute. A defendant whose “wrongful act, negligence, failure, or breach of contract or warranty” resulted in the victim’s death may be pursued by the personal representative, also called the executor. An executor typically files on behalf of the deceased person’s estate and any surviving family members and has to list all potential beneficiaries when filing the claim. In the event that the victim named a representative in a will, that individual may represent the plaintiff. While the surviving spouse, children, or another member of the victim’s family serves as the personal representative in the absence of a will,
Damages
Damages in a wrongful death case compensate for losses sustained by the decedent, including physical and emotional suffering before death as well as economic losses like lost income and expenses incurred. Non-economic losses like the loss of companionship, guidance, and emotional support are also recognized, and in cases of extreme negligence, punitive damages may be awarded to punish the responsible party. There are various methods for determining damages in a wrongful death lawsuit under Florida law. In some states, there are damage caps, which are the maximum the family can be awarded in a wrongful death lawsuit. Damage caps are frequently contentious, and states such as Florida have determined they are unconstitutional. Before 2014, the State of Florida had a $1,000,000 cap on non-economic damages in wrongful death lawsuits in medical malpractice cases. The Florida Supreme Court, however, ruled in 2014 that limiting non-economic damages in wrongful death cases was unconstitutional in the case of McCall v. United States.
Wrongful Death Act
The Florida Wrongful Death Act outlines the procedures and requirements for filing a wrongful death lawsuit. The Act also specifies who may file the lawsuit and what damages can be awarded. The statute in Florida’s constitution is Section 768.19 , entitled “Right of Action,” says that “when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person,” the estate of the deceased person can choose to file a lawsuit in civil court.
Wrongful death lawyer
It can be heartbreaking for anyone to experience the death of a loved one. If the death of someone you loved was caused by the negligence of another person, you deserve justice. A Miami wrongful death lawyer is there to help you with your claims in a wrongful death lawsuit.
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