Things to Know About Wrongful Death Lawsuits

A wrongful death lawsuit is typically initiated against a person who has been accused of causing another person’s death, regardless as to whether the incident was intentional or accidental.

In most cases, the wrongful death claim is filed by a representative of the deceased person’s surviving family.

This type of personal injury lawsuit can only be brought when a person is killed to the negligence or intended act of another party. In some cases, motorcycle accidents and car accidents can lead to wrongful death claims, especially if the defendant was under the influence of alcohol or drugs.

Things to know about wrongful death claims

If someone is killed due to the wrongful conduct of another person, the victim’s surviving family and/or beneficiaries may be able to file a wrongful death lawsuit against the alleged responsible party.

You’ll need to keep in mind that there is a statute of limitations, which means the surviving family members will need to initiate legal action before a set deadline. In the state of Florida, the statute of limitations is 24 months (2 years) from the date of death.

Intentional or Unintentional

If the victim was struck in the head during a physical altercation and the blow later leads to death, this would be an example of an injury that was caused intentionally.

If a someone owns a swimming pool and local rules require that the pool be enclosed, if the owner fails to do that and a child falls into it and drowns, this would also be an example of an unintentional wrongful death.

Attorney for wrongful death lawsuits in SWFL

Family members who want to bring a wrongful death lawsuit against a defendant will want to reach out to a personal injury attorney to discuss the details of the lawsuit.

In order to bring this type of action, it will need to be proven that the defendant acted negligently and their negligence resulted in the death of the deceased party. If the case is successful, the defendant may be required to pay compensatory and/or punitive damages.

If you have a loved one that has been killed as a result of an accident and you have questions about how wrongful death lawsuits work, call our office today at 239-649-8050 to schedule a free consultation. Our office is open Monday through Friday between the hours of 8am and 5pm; we work with clients throughout the state of Florida.