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Fort Lauderdale Workers' Compensation Lawyer > Blog > Uncategorized > How Does A Florida Wrongful Death Lawsuit Work?

How Does A Florida Wrongful Death Lawsuit Work?

Was your family member intentionally killed? Was his or her death caused by someone else’s negligence? When someone dies as a result of negligence or intentional harm, it provides grounds for a Florida wrongful death lawsuit.

How It Works

Wrongful death claims allow surviving family members to pursue a lawsuit against the party responsible for killing their loved one. However, not every family member can pursue their own individual claims. Filing a wrongful death lawsuit in Florida is allowed by the estate of the deceased person or the person who is the surviving family member such as a spouse.

The suit is filed against the person responsible, such as a negligent driver. For example, if a person dies as a result of a car accident that involved negligence on the part of another driver, the surviving family member or estate of the person can file a wrongful death lawsuit against that party responsible and his or her insurance carrier.

Pursuing a Wrongful Death Lawsuit

A surviving family member may pursue a Florida wrongful death claim if any of the following things contributed to their loved one’s death, such as:

  • Drunk drivers
  • Distracted drivers
  • Reckless drivers
  • Car manufacturing defects
  • Poor street conditions and roadway defects

If any of these things claimed the life of your loved one, you have a right to file a wrongful death lawsuit against the specific party involved. However, it is important to note that you only have a certain time frame to bring a claim for your loved one’s wrongful death. In Florida, you only have two years from the date of the fatal accident to file your claim, which is called the statute of limitations.

Although it is understandable that the death of a loved one may send you into shock and a deep depression, it is important that you don’t allow too much time to pass before filing a claim. If you do, you will forever waive your rights to filing a claim and seeking a financial recovery.

Make sure you protect yourself and your family when tragedy strikes, and call the Law Office of David Benenfeld to speak with a knowledgeable wrongful death attorney in Fort Lauderdale. Simply dial 954-677-0155 or contact us online for your free, private consultation today.

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