Losing a loved one to the negligence of someone else is one of life’s more cruel experiences. When this happens, you need a wrongful death lawyer in Plantation, Florida.
While compensation for your losses will not bring your family member back, it can afford you the resources you need to continue providing for your family and moving forward toward healing.
If you find yourself in this emotionally and financially challenging situation, reach out for the skilled legal counsel of an experienced Plantation wrongful death lawyer. Pick up the phone and call Scarfone at 754-465-0874 or contact us online.
Wrongful death refers to a death that was caused by someone else’s negligence or intentional act. Wrongful death cases are civil, which means they allow you to seek compensation for the attendant losses you experience – as opposed to criminal cases in which the wrongdoers face criminal charges.
In Florida, you can file a wrongful death case against someone who causes your loved one to lose his or her life prematurely via any of the following:
- A wrongful act
- Medical malpractice
It is important to note that the precipitating event can lead to both a criminal case and your civil wrongful death case. For example, if the at-fault party’s criminal act caused your loved one to lose their life, the defendant can face a criminal charge and the civil wrongful death case you file.
Florida’s Wrongful Death Statute of Limitations
Every state implements a timeframe that determines when wrongful death claims can be filed, which is called the statute of limitations. In Florida, you have only two years from the date of your loved one’s death – rather than from the date of the event that ultimately led to their death – to file your wrongful death case. The requirements associated with wrongful death claims are exacting, which makes having a trusted Plantation wrongful death firm on your side to your benefit.
Who Can File a Wrongful Death Claim in Florida?
In Florida, wrongful death claims are filed by a personal representative of the decedent’s estate. The decedent refers to the person who lost their life, and if they failed to designate a personal representative in their will, the court will appoint one.
The representative will file the wrongful death claim on behalf of the decedent’s named survivors, which can include all the following:
- The surviving spouse
- The surviving children
- The surviving parents
It is important to note that minor children, which in this context means under the age of 25, are entitled to more considerable damages than children who are already adults at the time of the fatal event.
Further, while other relatives who depended on the decedent financially may also be eligible for compensation, they will only be considered after the above primary beneficiaries have filed their own wrongful death claim.
Compensating a Wrongful Death Case
In the wrongful death case filed on your behalf, you will seek compensation for the complete range of covered losses you experience. Your skilled wrongful death attorney at Scarfone Auto Accident and Personal Injury Attorneys will help to ensure that your entire range of losses are carefully assessed and well represented in your case.
Medical expenses incurred prior to death
If the event that ultimately proves fatal does not lead to your loved one’s immediate death, they will likely incur medical expenses in the interim. Because emergency treatments tend to be exceptionally expensive, these medical costs can be immense, and either your loved one’s estate or you personally may have covered them.
There is also the cost of your loved one’s funeral and burial to consider. Whether these come out of your own pocket or out of the decedent’s estate, you can seek compensation for your family member’s funeral and burial expenses in your wrongful death case.
You can also seek compensation for your household’s lost income in relation to your loved one’s death. This loss can extend to earnings and benefits that the decedent would have contributed over the course of their expected lifetime had they lived.
Loss of companionship
Losing a family member to someone else’s negligence can leave you feeling very alone. If your lost relative was a spouse, the impact can be immense and very difficult to surmount.
The same remains true – in various ways – if the decedent was your spouse, parent, or child, each of which is likely devastating.
Loss of support and services
Your lost loved one was a valuable member of your household, and now, the support and services they provided are lost to you. This can mean any number of things, including service and support provided in all the following arenas:
- Helping you care for your shared children
- Providing transportation
- Doing yard work, housework, or both
- Making repairs around the house
- Cooking for the family
- Doing the grocery shopping
- Performing car maintenance
While your grief can make this kind of loss seem inconsequential, you might be surprised by how the loss of support and services hinders your household over time.
Your emotional pain and suffering
One of the most difficult forms of loss concerning wrongful death cases is the emotional pain and suffering you’re forced to endure. Your grief can color every aspect of your recovery and can prove challenging to conquer. The pain of losing a loved one to someone else’s wrongdoing can be an ongoing loss that you never completely recover from.
Our Plantation, Florida Wrongful Death Lawyer Is Here to Help
Rocco Scarfone at Scarfone Auto Accident and Personal Injury Attorneys in Plantation, Florida, is a compassionate wrongful death lawyer committed to skillfully pursuing just compensation. We’re dedicated to obtaining all that fairly covers your complete damages and allows you and your family to recover from this immense loss to the degree possible.