What Is The Wrongful Death Statute In Florida?
The wrongful death statute in Florida allows in the event of a wrongful or negligent death for certain survivors to have a right to claim for that death. These survivors can seek legal assistance from a Wrongful Death Attorney in Miami Dade County Florida. Generally, when a person dies, an estate is set up in probate court, and a personal representative is appointed. That personal representative then chooses an attorney to bring the wrongful death action on behalf of all the survivors. North Miami Beach, FL Wrongful Death Lawyers are generally contacted in such a situation.
Survivors usually mean the spouse, children, or parents. Whether partly or wholly dependent on the person who passed away for support or services, it could also be any blood relative. It could even include adopted siblings or a child born out of wedlock. If you are not sure about the difference between partly or wholly dependent survivors, you can seek assistance from a Wrongful Death Lawyer in Hollywood, FL. Minor children, by definition, are any children under 25 years of age. Support would mean contributions of money or services. Services usually mean tasks of a household nature, such as cooking, cleaning, or transportation.
The estate would also be entitled to what is called net accumulation which basically means what the person would have earned and saved during his lifetime. We take his earning potential and subtract his normal living expenses, and the difference is savings. Each survivor may recover the value of the loss of support and services from the date of the death and future loss of support and services from the date of death. This can be done by seeking help from a Hallandale Beach Wrongful Death Accident Attorney. Computing the duration of future losses, we would have to consider the joint life expectancy of how long the decedent would have lived and how long the survivor will live. Medical and funeral expenses are also included in a wrongful death claim for the decedent. The person who laid out medical and funeral expenses would be entitled to be paid back. Any expenses incurred in the form of medical or funeral expenses can be claimed with the help of an Aventura, FL Wrongful Death Accident Lawyer.
When it comes to the spouse, evidence of remarriage can be considered. The insurance company or the jury would consider the new marriage and possibly reduce the value of the loss because the survivor has remarried. When an award for a child under 18 is involved, a guardianship may have to be opened, and the appointed guardian of the child is to act in the best interest of the child to make sure that the settlement is fair and reasonable. Guardianship requires court approval. This also applies for incompetent adults. The time limit to bring a wrongful death case is two years. If a lawsuit is not filed within two years, then the case would be precluded from coming to court. For information on how guardianship and remarriage work in cases involving a wrongful death, talk with a Wrongful Death Attorney in Miami Gardens, FL.
Wrongful death can also be brought in a medical malpractice case in which the person died as a result of the medical malpractice. It is important that action should be taken immediately in these cases with the help of an Opa Locka Wrongful Death Accident Lawyer because evidence can be destroyed or disappear in a short period of time. When you discuss your case with a Miami Shores, FL Wrongful Death Lawyer, the lawyer will help you determine the party at fault in the wrongful death case of your loved one.
Seek Help From A Florida Wrongful Death Attorney
For more information on Wrongful Death Statute In Florida, a free initial consultation with our Wrongful Death Lawyer in Tuscan Gardens, FL is your best step. Get the legal answers you are seeking by calling attorney Barry Snyder at (305) 903-8892 today.
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