Reviewing the Basics of Wrongful Death Claims in Sarasota Florida
A wrongful death claim occurs when the negligence or careless act of someone results in the death of another. Wrongful death claims help the surviving family shoulder the burden of losing a loved one by compensating them due to the fatal incident. If you’re suffering the loss of a loved one in the Sarasota or Bradenton area, please discuss the matter with a knowledgeable wrongful death attorney as soon as possible to understand your rights and enforce them.
Florida Wrongful Death Statute
Florida law states, under the Wrongful Death Act, that when a person’s death is caused by a wrongful act of another, the surviving family can file a wrongful death case on behalf of the decedent’s estate.
How Does the Wrongful Death Statute Work?
A personal representative of the decedent’s estate must file a wrongful death claim for a death caused by a wrongful act or negligence. The personal representative is someone listed in the decedent’s will or is authorized to uphold the duties by appointment of the court.
Although the personal representative files the lawsuit, the representative files the claim on behalf of the surviving family members with an interest in the case. Surviving members of the decedent could include:
- The decedent’s spouse
- The decedent’s child(ren)
- The decedent’s parent(s)
- Blood relative(s), when dependent on the decedent
- Adoptive sibling(s), when dependent on the decedent
Wrongful Death Claim Statute of Limitations in Florida
The State of Florida provides that actions for wrongful death must be filed within two years of the date of the incident. Afterwards, the family may lose any rights to file a wrongful death claim.
How to Prove Wrongful Death
Wrongful death actions are often complex and typically require the involvement of multiple parties. The decedent’s estate has the burden of proving that someone else’s negligence is the reason for the death of the family member.
For example, whether it’s a car accident, a truck accident, a slip and fall, or a motorcycle accident, the decedent’s estate has to show evidence that the accident was a direct result of the death. There typically cannot be an underlying issue such as a medical condition that contributed to the death. If this is the case, the estate may not be able to recover the full amount it deserves.
Wrongful death cases are not easy to prove and usually require the assistance of an experienced wrongful death attorney who can help the estate navigate the ins and outs of the laws concerning wrongful death.
Do you need to file a wrongful death lawsuit in Sarasota or Bradenton? Call “The Patricks”, Your Sarasota Wrongful Death Attorneys.
If you and your family are facing a wrongful death, contact The Patricks, your Sarasota wrongful death attorneys at Hale Law. Let our wrongful death attorneys help you recover the maximum compensation you deserve and get through this difficult time without unnecessary burden. To schedule a free consultation, call at 941-735-4529 or contact us online. We don’t recover unless you do.