Melbourne Wrongful Death Lawyer
Helping Your Family After the Loss of a Loved One
When you lose a loved one, it can be difficult to imagine life without them. The pain of their passing is made even worse by the realization that someone else's negligence caused the tragedy. At The Law Offices of Bryan J. McCarthy, we know how to help families in Brevard County and the surrounding areas cope with the loss of a loved one. We also know how to hold negligent individuals and companies accountable for their actions.
Call (321) 248-7742or contact us onlineto get started.
What is Considered a Wrongful Death?
A wrongful death is the result of an accident, illness, or attack that causes the death of a loved one. Wrongful deaths are typically caused by the actions or negligence of another person or organization. These tragedies can be caused by car accidents, medical malpractice, workplace accidents, or other incidents. In Florida, the death of a loved one is considered "wrongful" if it occurs as the result of criminal activity, such as a murder or an act of violence.
If your loved one passed away due to the negligence of another party, you may be able to file a wrongful death claim. In order to file a wrongful death claim, you must have been financially dependent on your deceased loved one and have a personal injury claim against the responsible party.
To file a wrongful death claim, you must:
- Be the personal representative of the deceased person's estate
- Have been financially dependent on the deceased person at the time of their death
- Have a valid personal injury claim against the party responsible for the death
Who is Liable for a Wrongful Death?
The party responsible for the death of your loved one is liable for your damages. When you file a wrongful death claim, you must prove that the party is liable for the death. You must also prove the value of your damages and the extent of your loss.
The party responsible for a wrongful death may include:
- A negligent driver
- A negligent medical provider
- A negligent security guard
- A negligent manufacturer
- A negligent construction company
What is the Statute of Limitations for Wrongful Death Claims in Florida?
The statute of limitations is the time limit a person has to file a lawsuit. In Florida, the statute of limitations for most personal injury claims is two years. The statute of limitations for wrongful death claims is four years. You will have four years from the date of your loved one's passing to file a wrongful death claim. If your loved one died more than four years ago, you may still be able to file a claim if you can prove "cause of action laches."
Who Can File a Wrongful Death Claim in Florida?
In Florida, there are several people who can file a wrongful death claim on behalf of the deceased person's estate. The personal representative of the deceased person's estate is the person who files the claim on behalf of the estate. The personal representative is usually the deceased person's surviving spouse, child, or parent. The personal representative can be a person who was financially dependent on the deceased person at the time of the death.
If there is no surviving family member who was dependent on the deceased person, then a "special administrator" can file a wrongful death claim. A special administrator is a person who was financially independent of the deceased person at the time of the death but who has a valid personal injury claim against the responsible party.
What Damages Can Be Recovered in a Wrongful Death Claim?
The damages you can recover in a wrongful death claim depend on the circumstances of the case. Damages are meant to compensate you for your losses and to help you move forward without the financial and emotional burdens of your deceased loved one's passing. In most wrongful death cases, the damages you can recover will be tied to your financial dependency on the deceased person.
The damages you can recover in a wrongful death claim may include:
- Medical expenses related to the deceased person's final illness or injury
- Funeral and burial expenses
- Lost wages and benefits
- Loss of future earnings
- Loss of household services
- Loss of companionship
- Loss of consortium
- Punitive damages
In wrongful death cases involving criminal activity, such as a murder or an act of violence, the damages you can recover will be different. In these cases, you can only recover "compensatory damages," which are meant to compensate you for your losses and help you move forward without the financial and emotional burdens of your deceased loved one's passing.
Ready to Help You & Your Family Today
In the midst of your grief, our wrongful death lawyer in Melbourne, FL, is here to help you seek the justice and compensation you deserve. Do not hesitate to let The Law Offices of Bryan J. McCarthy help you and your family during this difficult and trying time.
Contact us today at (321) 248-7742 to schedule a free consultation.