If a close relative died due to someone else’s negligence or wrongdoing, the Fort Lauderdale wrongful death lawyers at Rosen & Ohr, P.A., extend our deepest condolences to you and your family for your loss. While you may feel a flood of emotions, including grief, anger, and sadness, we want you to know that we are here to comfort you and provide you with a meaningful opportunity to seek a measure of justice for your loved one.
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What Is a Wrongful Death Lawsuit?
Under Florida law, a wrongful death lawsuit is a civil legal action filed against another party whose negligence, wrongful act, or omission caused the death of another. The lawsuit seeks compensation for the decedent’s losses suffered between the accident and their untimely death, as well as the economic and non-economic losses of their loved ones.
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Who Can Sue for Wrongful Death in Fort Lauderdale?
Florida law states that the personal representative, or executor, of the decedent’s estate can file a wrongful death lawsuit in Fort Lauderdale. A will usually identifies who should act as the personal representative. If the deceased person did not have a will, the court will appoint someone to serve in this role.
The personal representative seeks compensation for the estate and all beneficiaries, which the original filing will name. This may include the surviving spouse, children, parents, siblings, and other dependents.
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Potential Compensation in a Wrongful Death Suit
Florida law outlines specific survivors who can recover the following compensation in a wrongful death lawsuit:
- Surviving spouse – Loss of companionship and protection
- Surviving children – Loss of parental companionship, instruction, and guidance
- Surviving parents, spouse, and children – Mental pain and suffering
- All survivors – Loss of support and services
Survivors can also recover any medical or funeral expenses they personally paid due to their loved one’s injury and death.
The personal representative can also seek compensation for the following on behalf of the estate:
- The deceased person’s lost income between their injury and death
- Loss of accumulated income the estate would have expected but for the wrongful death
- Medical and funeral expenses due to the injury and death, excluding amounts recovered by survivors who paid these expenses
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Common Causes of Wrongful Death in Fort Lauderdale
Wrongful death can occur in various situations where negligence or intentional wrongdoing leads to the loss of life. Some examples of causes of wrongful deaths in Fort Lauderdale include the following:
- Car accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Bicycle or pedestrian accidents
- ATV accidents
- Railroad accidents
- Airplane crashes
- Boating accidents
- Maritime disasters
- Dangerous premises
- Dog bites and animal attacks
- Defective products
- Dangerous pharmaceuticals
- Medical malpractice
- Misdiagnosis and delayed diagnosis
- Workplace accidents
- Construction accidents
- Nursing home abuse or neglect
- Negligent security
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Special Rules That Apply to Fort Lauderdale Wrongful Death Cases?
How Long Does It Take to Settle a Wrongful Death Claim?
The time it takes to settle a wrongful death claim in Fort Lauderdale can vary significantly depending on several factors, including the case’s complexity and the parties’ willingness to negotiate. In some cases, the parties can resolve a wrongful death claim quickly, while in others, it can take several months or years to settle. Some cases cannot reach a settlement and must seek a resolution at trial. Based on the details of your case, our experienced wrongful death lawyers can advise you on a potential timeline.
It is important to note that settling a wrongful death claim too quickly may not always be in the best interest of the surviving family members. Ensuring all losses are correctly accounted for and compensated requires thorough investigation and negotiation.
One thing is certain: You should not wait to get started. Florida’s statute of limitations sets a two-year deadline for filing a wrongful death lawsuit. While it may be difficult to imagine dealing with a lawsuit while grieving, delaying too long can jeopardize your right to pursue accountability and compensation for your loved one’s untimely death through the court system. Take the critical first step by consulting our Fort Lauderdale wrongful death lawyers as soon as possible.
Talk to Our Experienced Fort Lauderdale Wrongful Death Attorneys Today
At Rosen & Ohr, P.A., we understand the immense pain and suffering that families endure when faced with the tragic loss of a loved one due to someone else’s negligence. When you choose our firm, you are not just hiring attorneys. You gain a trusted ally who will be with you every step of the way.
Take the first step toward seeking closure and compensation for your family’s loss by contacting a Fort Lauderdale wrongful death attorney at Rosen & Ohr, P.A., today.