A wrongful death action arises when a death occurs due to the negligent act of another. Thus, a wrongful death action is brought pursuant to some other legal cause of action, such as an automobile accident. It is important to note that not just anyone can bring a wrongful death action. Pursuant to Florida’s Wrongful Death Act, a wrongful death action must be brought by the decedent’s survivors. Survivors are usually the decedent’s spouse, minor child(ren) or parents. The law specifically outlines the appropriate survivors in Fla. Stat. 768.18

When the death occurs as a result of an automobile accident, the survivors may be entitled to a $5,000 death benefit under Florida’s Personal Injury Protection (PIP) law, which is outlined in Fla. Stat. 627.736. This benefit is intended to cover funeral expenses.

Survivors in a wrongful death action can recover damages for loss of support and services, loss of companionship, medical expenses, funeral expenses, loss of earnings and mental pain and suffering. These are specifically outlined in Fla. Stat. 768.21

The law seriously limits the amount of time survivors have to file a wrongful death action. In Florida, the statute of limitations in a wrongful death case is two years from the date of the incident. For this reason, it is critical to hire an attorney immediately who will start the process. Many wrongful death actions require in depth investigations and the hiring of expert witnesses. Families coping with a sudden and unexpected death are often hesitant to hire an attorney during this difficult time. Nonetheless, it is extremely important to do so.

If your loved one was killed due to another’s negligence, call us immediately. An attorney will meet with you to further discuss your rights. The consultation is free and there are no costs or fees unless you win. Don’t delay! Call us now at (877) 299-5539.