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Losing a loved-one can be an extremely devastating event in one’s life. Despite the significant emotional trauma of having a loved one pass away, families may also face considerable financial difficulties without the support of the deceased. In many cases, the compensation provided as a result of a wrongful death lawsuit can help ease this financial burden.
Generally, wrongful death claims are civil actions made by the survivors of an individual who has passed away due to the negligence or misconduct of another. In the state of Florida, the Florida Wrongful Death Act governs wrongful death claims. Any individual (who is a survivor of the decedent) may file a lawsuit against the responsible person when any death is caused by any wrongful act, negligence, default, or breach of contract of warranty. The wrongful death action is designed to provide compensation for relatives who depended on the decedent for emotional and financial support.
Pursuant to Florida’s Wrongful Death Act, there are certain damages that the decedent’s survivors may recover. There are also damages that the decedent’s estate may recover. (The estate is essentially what the decedent left to any beneficiaries under his will or others in his or her lineage if there was no will).
In the state of Florida, the personal representative of the estate is entitled to bring a wrongful death lawsuit on behalf of any and all estate beneficiaries. However, in many cases, damages are somewhat limited. The personal representative may also bring a wrongful death lawsuit on behalf of the “survivors” of the person who died. In fact, the personal representative is required to include all survivors in any wrongful death action.
In addition to compensatory damages, a court may also choose to impose punitive damages on the negligent party. Punitive damages are appropriate in situations where a party’s intentional, reckless, or grossly negligent actions result in a wrongful death. These damages serve to punish the offending party, as well as discourage others from behaving similarly in the future.
The statute of limitations is the time within which you must file your Florida wrongful death claim, or else the claim will be barred.
The general rule is that the statute of limitations for Florida wrongful death actions is two (2) years from the date of death; however, there are some exceptions, which completely change this general rule.
Because of the statute of limitations, you will have a limited time period in which to file a wrongful death claim to seek compensation for damages. Let me help you seek closure and justice. Call Amber Hall, for a free consultation.
Amber Hall Law understands the hardships and suffering families face after the wrongful death of a loved one. AMBER HALL LAW is dedicated to seeking fair compensation for wrongful death clients. To learn more about your legal options following an unexpected death, contact AMBER HALL LAW today.
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AMBER HALL LAW, PLLC
113 S Monroe Street, 1st Floor
Tallahassee, FL 32301
About Amber Hall Law, PLLC
Amber Hall, Attorney at Law, PLLC is a boutique law firm, specializing in wrongful death and personal injury. The firm also consults in a variety of areas, including but not limited to: contract negotiations and crisis management.
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DISCLAIMER: The information on this website is for general informational purposes only. The information on this site should not be taken as legal advice for any individual case or situation. This information is not intended to create, constitute or establish an attorney-client relationship.