Losing a loved one due to someone else’s negligence or misconduct is a painful experience, leading many to consider a wrongful death claim. In Florida, strict legal procedures and strong pushback by defendants can make it challenging for grieving families to win compensation they need for remaining medical expenses, funeral expenses, and lost household income.
Understanding the requirements for filing a wrongful death claim and common defenses that may be brought up can improve your chances of a successful outcome. Our Miami wrongful death lawyers at Aigen Injury Law can fight on your family’s behalf to receive fair compensation for the loss of your loved one.
Requirements for Filing a Wrongful Death Claim
In Florida, wrongful death claims are governed by the Florida Wrongful Death Act, which specifies who may file a claim and the conditions under which you can file. To initiate a claim, your case must meet the following requirements:
- Relationship to the Deceased: The claim must be filed by the personal representative of the deceased’s estate on behalf of the survivors, who may include the deceased’s spouse, children, parents, and in some cases, other dependent relatives.
- Proof of Negligence: The plaintiff must demonstrate that the defendant’s negligence or intentional act led to the death. You must establish the defendant’s duty of care to the deceased, show how this duty was breached, and link their actions directly to the death.
- Documentation of Damages: You must demonstrate actual damages incurred, such as medical bills accrued before death, funeral and burial expenses, and lost future earnings and benefits the deceased would have provided. You can also include non-economic damages like loss of companionship and emotional distress experienced by you or other family members.
- Statute of Limitations: A wrongful death claim in Florida must be filed within two years from the date of death, making timely legal consultation essential.
Legal Defenses of Wrongful Death Claims
In wrongful death cases, fighting for compensation can be a tough battle, particularly when large settlements are at stake. The opposing party may put up a fight, using defenses designed to deny liability. Their arguments may include:
- Comparative Fault: The defense could argue that the deceased shared some responsibility for the incident, which might reduce your compensation for their loss.
- Causation: The defendant may claim that their actions didn’t directly lead to the death, suggesting other factors were involved. For instance, in a car accident case, the defendant might argue that the deceased’s sudden heart attack, rather than the crash itself, caused the fatality.
- Delayed Claim Filing: If your claim isn’t filed within the legal deadline, the defense can use this to have the case dismissed. While you have two years to file, initiating your case early can help preserve evidence and ensure you begin the legal process on time.
- Release of Liability: If the deceased had signed a waiver for a high-risk activity or procedure, the defense might argue that they had acknowledged and accepted the risks involved.
Experienced Legal Counsel: How We Can Help You Win Your Case
When your loved one passes away due to another’s actions, holding the party accountable can help you move forward and receive financial support. However, these cases can be complex, requiring the help of a skilled and experienced attorney.
Aigen Injury Law understands the emotional and legal complexities involved in these cases. Here’s how our team can support your case:
- Evidence Collection: We gather and analyze evidence from the incident scene, including photos, surveillance footage, and police reports. We also secure detailed statements from eyewitnesses to reinforce your wrongful death claim.
- Expert Consultation: Our legal team collaborates with forensic experts, medical professionals, and accident reconstruction analysts to solidify your case with expert insights.
- Challenge Defenses: We skillfully counter defense tactics by disproving claims of comparative negligence and clarifying causation, using clear evidence and expert testimonies.
- Procedural Precision: We manage all filing deadlines and court requirements to ensure your claim progresses without procedural setbacks.
- Strategic Advocacy: Whether negotiating settlements or arguing in court, we tailor our approach to each case, pursuing the best possible outcome.
Get Compassionate, Qualified Representation with Aigen Injury Law
At Aigen Injury Law, we offer qualified representation, providing personal attention and compassionate support. Our experience with Florida wrongful death claims allows us to advocate for your family and help you move forward at one of the most challenging times of your life.
Contact us today for a free case review. We can help you honor your loved one’s memory by holding those responsible accountable and winning your family needed compensation for your losses, both emotional and financial.