Successfully navigating a wrongful death claim in Florida involves understanding critical aspects that shape the process and outcomes. Continue reading to learn more about the following in relation to a wrongful death case:
- The statute of limitations for wrongful death claims in Florida.
- The compensation structure for a wrongful death case.
- How pre-existing conditions impact wrongful death claims.
What Is The Statute Of Limitations In Florida For Filing A Wrongful Death Claim?
The statute of limitations for wrongful death claims in Florida is generally two years from the date of death. In medical malpractice cases where death was not immediate, the statute of limitation will often be two years from the date that malpractice occurred.
How Is Negligence Determined In A Wrongful Death Case In Florida?
Negligence in wrongful death cases is determined the same way it is in any other case. The difference between a personal injury case and a wrongful death case is simply that the plaintiff died as a result of the negligence complained of in the lawsuit as opposed to having been injured.
How Is Compensation Distributed Among Survivors In A Florida Wrongful Death Case?
Florida’s wrongful death statute, summarized in section 768.21, (Fla.) Stat., sets forth the damages that survivors can seek based on their relationship to the deceased. The framework outlined in this statute aims to provide a structured approach to compensating survivors for the loss of a loved one due to wrongful death.
The statute provides a comprehensive list of damages, outlining the specific type of compensation available to each type of survivor. Damages are categorized by the specific relationship each survivor had with the deceased. While the list is extensive and complicated, it ensures that compensation aligns with the unique impact of the loss on each survivor.
The damages encompass various elements such as financial support, companionship, mental pain and suffering, and more. The detailed compensation framework strives to address the multifaceted aspects of loss experienced by survivors, acknowledging both economic and emotional dimensions.
It is further important to be aware that a survivor in a wrongful death case must also survive the wrongful death litigation itself. In the event that a survivor passes away before the wrongful death litigation concludes, it is possible that such a survivor’s claim merely goes away in the same way as if the survivor had predeceased the wrongful death.
Can An Insurance Company Use A Pre-Existing Condition My Loved One Had To Deny Or Limit Settlements In A Wrongful Death Case?
Pre-existing conditions matter more in personal injury cases rather than death cases; however, they may be relevant to the probable life expectancy of the deceased person. When the pre-existing condition is not listed as a cause of death, then the pre-existing condition can only be used in a wrongful death case to arrive at what the probable life expectancy of the decedent would have been had the incident leading to wrongful death not occurred.
How Does The Court Determine The Value Of Damages To Be Awarded To Survivors?
Damages in wrongful death cases are categorized into two main types: economic and non-economic damages. This classification helps in distinguishing between quantifiable, tangible losses and those that are more subjective and intangible in nature.
Economic damages are those that lend themselves to specific quantification. This includes measurable expenses like medical bills or property damage from the incident. The tangible nature of economic damages allows for a more straightforward calculation. Economic losses in wrongful death cases are usually claims belonging to the estate.
On the other hand, non-economic damages are intangible losses that are challenging to assign a precise monetary value. Examples include pain and suffering, loss of companionship, and the deprivation of support and services. These damages represent the emotional and relational impact of the wrongful death. Non-economic damages in wrongful death cases are usually mental pain and suffering belonging to the survivors.
For more information on Wrongful Death Claims In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 243-6166 today.