Florida Wrongful Death Lawsuits

Wrongful Death Lawsuit – Statutory Deadline

A wrongful death lawsuit must be filed before the statutory deadline passes. The statutory deadline places a cap on the amount of time that the executor of estate has to file a wrongful death claim before any such claim is deemed null and void.
While statutory deadlines tend to vary from state to state, an executor of estate typically has between one (1) and three (3) years to file a wrongful death claim and lawsuit.
The statute of limitations in Florida is two (2) years from the date of the incident which caused the death. In medical malpractice cases the statute of limitations is two (2) years from the date that the malpractice should have reasonably been discovered.

Monetary Damages in Wrongful Death Cases
Wrongful death actions can be complex, especially when the harmful acts of several individuals or entities contributed to a someone’s death. One or more of the defendants may settle the matter before the case goes to trial while others may see it all the way to trial and verdict. The amount and type of financial recovery the plaintiff can make depends on the law of the state in which the case takes place. Contact the Law Offices of Carlos J. Jimenez, www.247InjuryLaw.com to discuss you and your family’s legal rights in a wrongful death.

Damages Calculation Wrongful Death Cases
Most states share some principles in common.
The death must have been caused by the wrongful actions of another. Someone must take legal action in response. This person is typically a surviving spouse, parent or child of the person who has passed away. Aunts and uncles, cousins and people who act as parents (but are not biological or adoptive parents) are usually not eligible to recover under a wrongful death statute. Under Florida law "Survivors" means the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support.

Courts award monetary damages for wrongful actions death based on different theories, depending on their jurisdiction. Monetary recovery in wrongful death actions include pecuniary loss (where the defendant compensates the plaintiff for the money that the deceased would have provided had he or she lived). The amount includes income, pension distributions and loss of services such as taking care of the children. A second theory of recovery permits the plaintiff to collect compensation for the loss of love, companionship and guidance of the deceased. This is especially relevant for children who have lost a parent.

Elements of a Wrongful Death Action
In order to bring a successful wrongful death cause of action, the following elements must be proven:

	The death of a human being;
	Caused by another's negligence;
	Loss as a result of the death, and;
	The survival of family members or others named by a particular state's statute as being entitled to sue under the particular
	state's statute.

A wrongful death claim may be based on circumstances, such as in the following situations:

	Automobile accidents;
	Motorcycle accidents;
	Pedestrian accidents;
	Drowning;
	Nursing home abuse and neglect;
	Medical malpractice that results in the patient’s death;
	Airplane accidents;
	Police pursuits;
	Shootings;
	Death due to a defective product such as a toy, medicine, or equipment;
	Occupational exposure to hazardous conditions or substances.

If you have a questions as to whether or not you have a potential Florida wrongful death lawsuit, immediately contact law firm of Carlos J. Jimenez, PL or call NATIONWIDE TOLL FREE 1888-984-4874

Wrongful Death Lawsuit -- Compensation
When determining pecuniary loss, it is important to consider the age and physical condition of the decedent, his or her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the persons bringing the action. This determination may seem straightforward, but it often becomes complicated.

A wrongful death lawsuit is designed to hold liable parties accountable for their actions and/or omissions and financially compensate the executor of estate (typically the family of the deceased) for the loss of a loved one. Damages that are most often sought after in wrongful death lawsuits include compensation for:

	Funeral, burial, medical, hospital, expenses
	Pain and suffering experienced prior to death
	Losses incurred by the deceased’s family:
	* Loss of wages * Mental anguish * Loss of financial support * Loss of companionship * Loss of parental guidance (in cases where deceased has children)

Wrongful Death Cases Involving Children and the Elderly
Even though no one can set a price on the life of a loved one, courts and juries are required to attempt to do so in wrongful death actions. When an adult dies, the pecuniary loss to the family is more measurable than when a child dies. For example, when a parent dies, a child may seek damages for loss of the parent's care, income, guidance, nurturing. When a child dies, the parents' recovery is limited to their pecuniary loss. When a child dies, pecuniary injuries are determined by:

	The age, sex, life expectancy, work expectancy, state of health, and habits of the child;
	The child's earning potential;
	The relationship of the decedent to those claiming a pecuniary loss; and,
	The health, age, and circumstances of those claiming pecuniary losses.

Clearly, the younger a child is at the time of death, the harder it becomes to determine pecuniary loss to the parents. A jury may consider what the child would have contributed to the parents' support, but this should not be pure guesswork. Juries often use life expectancy charts / mortality tables as a starting point for calculations.

This web site provides general information about The Law Offices of Carlos J. Jimenez, P.L. and certain topics that visitors may find of interest. All materials on our website are provided for informational purposes only. The materials on the web site are not intended to constitute legal advice or the provision of legal services.

If you have a questions as to whether or not you have a potential Florida wrongful death lawsuit, immediately contact law firm of Carlos J. Jimenez, PL or call NATIONWIDE TOLL FREE 1888-984-4874

Law Offices of Carlos J. Jimenez, P.L.
Renaissance Commons
1880 North Congress Avenue, Suite 315
Boynton Beach, Fl. 33426
Email :info@247injurylaw.com
Fax: 561-253-0435

Law Offices of Carlos J. Jimenez, P.L.
1451 W. Cypress Creek Rd., Suite 300
Ft. Lauderdale Fl. 33309
Email: info@247injurylaw.com

West Palm Beach Phone
561.253.0434

Boca Raton Phone
561.253.0434

Fort Lauderdale
954.489.2732