The sudden death of a loved one can be devastating. The unexpected loss of a family member due to an accident can impact a family for a lifetime.
Of course, there is no amount of money that can take the place of someone you have lost, compensation for a wrongful death claim can help ease the burden of financial hardship.
A wrongful death claim can be made if the negligence of another person or an intentional act claimed a life.
A wrongful death claim is applicable when any type of personal injury case results in a death. A few examples provided by All Law
When a victim is intentionally killed. For example, OJ Simpson was sued for wrongful death for the murders of Nicole Brown Simpson and Ronald Goldman. The case was based on an intentional act.
When a victim dies as a result of medical malpractice. If a doctor failed to diagnose a condition, or if the doctor was careless in the level of care provided, and death resulted, then a wrongful death action can be brought against the doctor.
Car accident fatalities involving negligence. If a victim dies as a result of car accident injuries, a wrongful death claim may be brought.
Florida’s Wrongful Death Act
Florida Statutes 768. 16-26 defines who may bring the lawsuit, spouse, children, parents, blood relatives, or adoptive siblings of the victim. It also explains what type of damages may be awarded.
However, in Florida there is a statue of limitations for wrongful death action, which is just two years from the time of death. In some cases, such as medical malpractice, the time limit can be extended.
The law firm of James P. Kelley understands the loss of a loved one is traumatic. We are trained to handle personal injury cases that result in death and can provide additional resources as well.
We will protect your legal rights and fight to recover any medical expenses, loss of earning capacity, pain and suffering, emotional damages, and loss of companionship, allowed by law.
Contact the law office of James P. Kelley for a free consultation.