In Florida, fatalities that occur due to events that were completely avoidable are classified as wrongful deaths. The laws associated with the type of fatality open the door up for a lawsuit to collect compensation and certain damages. The claims enable families to hold the responsible party accountable for their actions or role in the fatality. A Wrongful Death Attorney in Lake City FL offers legal advice and clarity about associated laws.
Who Exactly Starts the Lawsuit?
Typically, the estate of the deceased is the plaintiff in a wrongful death lawsuit. The family member filing the legal claim is the representative of the estate. The plaintiff is the victim’s children, spouse, or another relative. If children were orphaned, an adult family member could file the legal claim to collect for the surviving children. In rare cases, an extended family member could file a claim to collect for the victim’s estate to pay off their medical and funeral expenses.
What State Statute Applies?
Section 95.11(4)(d) of Florida state statute defines the statute of limitations for filing a wrongful death lawsuit. The state statute of limitations indicates that the estate and/or family has exactly two years to file a legal claim.
Additionally, Section 768.21 of the state statute defines who can file and what damages are available. The law allows the estate or family to seek the total value of any financial support the victim provided for their family. An award is also provided for loss of companionship, tort-based circumstances such as emotional pain, and all expenses for medical care or funeral expenses.
The court could order the defendant to pay the value of any earnings lost due to the fatality. The award could include projected lifetime earnings for the deceased that could have supported a family member or their children.
In Florida, fatalities could constitute the need for a legal claim. Criminal acts, avoidable accidents, and negligence are common reasons for seeking compensation and damages. A wrongful death is defined by how the fatality occurred. Families that want to start a legal claim can contact a Wrongful Death Attorney in Lake City FL or visit Northfloridaautoaccidentlawyer.com for more information now.