CAll now for more information

Call local personal injury attorney(321) 242-7000

Helpful Information About Wrongful Death Lawsuits

wrongful death lawsuit melbourne floridaWhen death occurs due to another party’s actions or negligence, it is defined as wrongful death. This death can occur in many different circumstances. Some of these include workplace fatalities, traumatic brain injury fatalities, motor vehicle fatalities, unsafe premises fatalities, and much more. Prior to filing a lawsuit, it is recommended that you call for a consultation with a personal injury attorney with experience in wrongful death lawsuits.

Who Can File for Wrongful Death?

Who can file a wrongful death lawsuit is dependent on state laws? Only children or a spouse may file in some states, whereas, in other states, other relatives are allowed as well. In addition, many states have implemented restrictions when a family member sues another member of the family for the wrongful death of a 3rd member of the family. Many times, the administrator or executor of the deceased’s estate is the one who files a wrongful death lawsuit.

In most cases in Melbourne, Florida, there are no disputes between family members about who should act on the deceased behalf. However, they might dispute over who will be the estate’s representative when there is none appointed. The estate’s representative is the one who can legally file, manage, and settle any wrongful death lawsuit.

Wrongful Death Statute of Limitations

State laws vary in regard to the statute of limitations in wrongful death lawsuits. In the state of Florida, the statute is two years to file a suit.

Damage Types Allowed in Wrongful Death Lawsuits

Damage types allowed in a wrongful death lawsuit vary between states. Contacting a lawyer in Brevard County, Florida, who has experience handling wrongful death lawsuits can be helpful to fully understand damages involved with this type of claim.

Funeral, as well as burial expenses used for the deceased, can be collected in addition to standard damages. Also, if the deceased financially supported any family members, they would be entitled to damages for the amount of the support lost. This would include any period in which support would have been given in the future. However, to be awarded for this type of damages, a family must provide proof that the deceased financially supported them and the amount of said support.

Widows receive damages until the presumed retirement age of the deceased. Damages children receive typically go up until the age of 18. However, in some cases, it can be extended for college years as well. Other relatives can also sue for loss of support with proof.

A lawyer in the state of Florida that is well versed on wrongful death lawsuits should be consulted to receive the maximum damages allowed by Florida law.