What You Need to Know About Florida’s Wrongful Death Act

Did you lose a family member here in Florida? If so, you may have questions about Florida’s Wrongful Death Act. A wrongful death attorney can help you find the answers you are looking for while assisting you in building a claim to secure compensation.

You can review information about Florida’s wrongful death act below and then secure more answers by contacting our team at Josh Jones Law, P.A., in Miami at (305) 239-4878.

Filing a Wrongful Death Claim

Florida’s Wrongful Death Act allows you to file a claim if you lost a family member in an accident. Generally, you can file a legal claim against someone that caused the death of a loved one through behavior that was:

  • Reckless
  • Negligent
  • Intentional

Personal injury lawyers can step in to review things you may not have known about your FL accident.

Accidents Covered by the Wrongful Death Act

Many individuals are not sure if an accident counts as “wrongful” death or not. Many possible accidents can result in an unjust death. For example, you may want to reach out to a lawyer after losing a loved one in a:

  • Car, truck, or motorcycle accident
  • Workplace accident
  • Premise liability accident
  • Medical malpractice accident
  • Product liability accident

We are also here to help after an accident that endangered childhood safety. Any time a loved one’s death is due to the actions of another party, you could potentially file a wrongful death claim. Find out more by consulting with a wrongful death lawyer.

Eligibility for a Wrongful Death Claim

Only specific family members are allowed to file a wrongful death claim in Florida. According to the Wrongful Death Act, you may file a claim with a wrongful death attorney if you lost a:

  • Spouse
  • Parent
  • Child
  • Siblings

Note that parents and children are not always permitted to file a wrongful death claim. For example, adult children can only file a claim for their parents if their parents were not married at the time of their death.

Adopted children may file a claim for their adoptive parents in Florida. Learn more about your ability to file a wrongful death claim with a personal injury lawyer.

Compensation for Wrongful Death

Read on to review the kinds of compensation you can secure for a wrongful death claim here in Florida. The compensation you receive varies based on your unique situation. However, in general, you may expect to receive damages for:

  • Mental pain and suffering
  • Loss of companionship
  • Loss of guidance
  • Loss of instruction
  • Medical expenses
  • Funeral expenses
  • Lost support and services

Make sure that you work with a legal team if you are interested in filing a wrongful death claim. These claims vary based on your situation, so it’s a good idea to speak with a lawyer who has experience handling your needs. That is why our firm at Josh Jones Law, P.A., in Miami should be at the top of your list.

Wrongful Death and the Statute of Limitations

You do not have an unlimited amount of time to file a wrongful death claim after losing a loved one. In many cases, you only have two years to begin legal proceedings after a wrongful death. However, there are occasional exceptions to this rule.

If you allow the statute of limitations to run out on your claim, you can no longer seek compensation for your losses. Begin building a claim right now by reaching out to a lawyer at Josh Jones Law, P.A., in Miami.

Payment for a Wrongful Death Claim

Receiving payment for a wrongful death claim allows you to cover many of the losses your family faces. Generally, the party that acted negligently or recklessly will cover your losses. However, insurance companies sometimes step in to cover part of the losses.

For example, let’s say that you lost a loved one in a car accident that a reckless driver caused. The driver’s car insurance may cover a portion of your losses. However, if the losses exceeded the amount that the driver’s policy covered, the driver would have to pay for the rest of your losses.

Concluding a Wrongful Death Claim

Not every wrongful death claim allows you to seek compensation for your family’s losses in Florida. To secure damages for your family’s losses, a lawyer must show that:

  • Someone else caused the loss of your loved one
  • You have a right to seek compensation

You might obtain damages if someone else acted in a way that was negligent, reckless, or intentional. This means we could help after an accidental death or a more serious and intentional act.

Contact a Wrongful Death Attorney

Secure help for your family from “a real attorney who helps real people” by contacting us at Josh Jones Law, P.A. Allow us to help you understand your rights while working on a contingency basis. That means that you do not pay us until we’ve won your case and you’ve received a settlement.

At Josh Jones Law, P.A., we’re ready to help our neighbors in the Miami, Fort Lauderdale, Miami Gardens, Miramar, Lauderhill, North Miami, Hollywood, and Homestead communities. To learn more, download your free personal injury toolkit, call (305) 239-4878 or complete our online form to request a free case evaluation.

Copyright © 2021. Josh Jones Law, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

Josh Jones Law, P.A.
15715 South Dixie Highway Suite 214
Miami, FL 33157
(305) 239-4878
https://www.joshjoneslaw.com

Scroll to Top
Skip to content