Wrongful Death Claims

The shock over the sudden death of an innocent loved one can be both emotionally and financially debilitating. A Wrongful Death claim is a cause of action arising from the victim’s death. The complaint is brought by the surviving beneficiaries or dependents of the deceased victim.

The basic premise behind Wrongful Death is the assertion against someone that may be held liable for the death of another. Generally filed by close relatives, the legal system allows for lawsuits through the civil courts. Every state has a different statute of limitations, based on how the death occurred. Depending on the circumstances, Florida’s statute of limitations to file a claim is two years from date of death.

This type of lawsuit claims that the deceased victim’s death was caused in whole or in part by the defendant’s conduct. Therefore, the surviving beneficiaries and dependents are entitled to monetary damages as a result of the defendant’s conduct.

The Wrongful Death Act in Florida states someone may file a lawsuit against the responsible person(s) when any death is caused by any “wrongful act, negligence, default, or breach of contract or warranty.”

Types of Wrongful Death Cases include but are not limited to:

  • Medical Mistakes
  • Vehicle or Airplane Accidents
  • Criminal Attacks
  • Work-Related Exposure to Dangerous Conditions or Substances
  • Death during a Supervised Activity