After you have lost a loved one, you may be feeling very alone, confused, and helpless. More than likely, you have no idea what is next for you in life, and are probably wondering whether or not you will be able to support yourself without your loved one by your side. You are probably also feeling exhausted, depressed, and devastated. All of these emotions are normal.
While nothing can bring back your loved one's lost life, there are options for legal recourse that can help you to recover financial compensation. This compensation can be used to care for yourself, your children, and provide your loved one with a proper burial and funeral. Here is an overview of what you need to know:
Can I File a Wrongful Death Lawsuit?
You can only file a wrongful death lawsuit if you have a specific relationship with the deceased. To be specific, the only parties who are allowed to file a wrongful death action in Florida include the deceased's:
- Spouse
- Children
- Parents
- Personal representative
If you are unsure whether or not you are the deceased's personal representative, consult with a wrongful death attorney to learn more.
What Do I Have to Prove in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the plaintiff has a strict burden to prove the negligence or wrongful act of the defendant, and that the deceased's death would not have occurred but for this wrongful act. The components of a wrongful death lawsuit are very similar to that of a personal injury claim, and require that the following be proven.
- The defendant owed the deceased a duty of car (i.e., all drivers of cars have a duty to operate their vehicles within the law)
- The defendant breached the duty of care owed to the defendant (i.e. the defendant did something negligent or against public statute)
- The breached caused the deceased's injuries and death
- You, the plaintiff, have suffered damages as a direct result of that death
Greenacres wrongful death attorneys can help you to learn more about what you have to prove, and how to go about proving it.
Damages Recoverable in a Wrongful Death Suit
The types of damages that one can recover in a wrongful death action can vary greatly – consult with Greenacres wrongful death lawyers for a more accurate idea of what you can expect to recover. In general, though, a plaintiff can recover compensation for the deceased's lost wages and future lost wages, medical expenses related to the accident, funeral and burial expense, the plaintiff's pain and suffering, and the loss of guidance, companionship, and consortium of the deceased.
Contact a Greenacres Wrongful Death Lawyer as Soon as Possible
The statute of limitations for filing a wrongful death time after you have lost a loved one is four years – this means that you are not permitted to file a civil action past four years from the date of your loved one's death. To make sure you claim is filed in an accurate and timely manner, reach out a wrongful death attorney as soon as possible. Serving Greenacres, wrongful death attorney Jarrett Blakeley is ready to represent you. As part of the Blakeley Law Firm, Jarrett Blakeley will advocate tirelessly on your behalf. Call today for a free consultation at 954-253-9445.