Jason Deitch, a practicing attorney in Boca Raton, Florida, founded I-Need-a-Personal-Injury-Lawyer.com in September 2009, hoping to make a difference for those injured by the negligence of others. With the service, he uses his experience to direct clients to a qualified attorney.
A wrongful death suit is filed as a consequence of an injury inflicted on a person which resulted in his death, and the effect of loss that his death caused for the lives of the people who depended on him for support, both in financial and emotional aspects. Wrongful death typically occurs when there is a negligent situation, not when the defendant has intended to kill the spouse or other relative of the plaintiff(s).
The reason for a wrongful death lawsuit is to determine the amount of compensation for damages that the family of the deceased has incurred, which include but are not limited to medical and burial expenses, as well as the economic loss that the family must endure due to losing a loved one who could have been the family’s provider, including damages for pain and suffering.
Who can sue for wrongful death varies from state to state. In Florida, the wrongful death statute allows claims for damages to be brought by any minor children of the deceased (in Florida, a minor child is defined as age 25 and under for this purpose), a spouse, or another beneficiary of the deceased person’s estate. When there are no other survivors, parents of deceased minor children or parents of adult children can sue for mental pain and suffering. Non-relatives cannot claim damages, even if they are a domestic partner of the deceased.
In Florida, a parent cannot sue a child for wrongful death and vice versa, and spouses cannot sue one another. One cannot sue the state of Florida for more than $100,000 per person or $200,000 per incident (no matter how many people died in the incident). In rare and exceptional cases, you can appeal and get a larger sum from the state, but the state would have to pass a claims bill just for your situation. The statute of limitations for wrongful death is two years.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
