Boca Raton, FL – Some accidents are so severe that they result in fatal injuries to the victim. Regardless of whether the person responsible is ever charged criminally, family members have certain legal rights in civil court. In these situations, the person or business responsible for the victim’s death can still be sued, but the victim obviously cannot be the one to bring the case. Florida has a wrongful death statute just like every other state that outlines procedures for how these kinds of lawsuits can be brought and who is eligible to receive compensation on the victim’s behalf.
Parties who are eligible to bring the lawsuit
A personal representative is assigned to manage various aspects of a deceased person’s estate, including the filing of wrongful death claims. The case is brought on behalf of a spouse, child, parent, or other relatives who can prove financial dependence on the victim. These parties specifically mentioned in the statute are the only ones who can collect damages on the victim’s behalf.
Damages and financial loss
The remedy that is available through this kind of civil lawsuit is compensation, also called damages. Wrongful death cases are unique in the sense that they allow the victim’s family to be paid for funeral and burial expenses. However, the most important aspect of damages in a fatal accident is tied to the victim’s future earning potential and the value of the services that they would have provided if they had survived. There are also non-economic damages available for pain, suffering, trauma, and other emotional issues tied to the relative’s death. The proximity of the plaintiff’s relationship to the victim can be important for the purposes of establishing the amount of trauma caused by the person’s death. This means that a plaintiff with a close relationship will be able to argue for larger amounts of compensation.
All civil lawsuits have a timeframe for action to be taken, otherwise the plaintiff will have their case dismissed if they bring the case too late. This is called a statute of limitations. Wrongful death lawsuits are known to have a shorter statute of limitations than most other legal actions, and this is true in almost every state. Florida gives a time limit of two years from the day that the victim died.
Lawsuits for compensation in Florida
Rosenberg Injury Law files civil cases for accident victims in the Boca Raton area and nearby parts of Florida. Anyone who needs more information about personal injury law and wrongful death lawsuits can contact the firm to set up a meeting with an attorney.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487