If you have a loved one who was recently involved in a situation that resulted in them dying in Florida, you may be wondering if their death was a wrongful one. If their death was one that could have been prevented, you will need to “file an estate claim in probate court so you can sue on their behalf,” states The Balance. The law limits the amount of time you have to file a wrongful death claim, so you should examine your situation carefully and proceed in a timely manner.
Only certain family members are allowed to file a wrongful death estate claim. Some states have laws that allow siblings, extended family and grandparents to do so. However, many states do not, making children and surviving spouses the only parties who are eligible to exercise this right.
Deaths that are unintentional or that are caused by negligence can occur in many ways. For example, your loved one could have been the victim of a medical malpractice where a medical error occurred or they could have been involved in a fatal car accident during a police chase. Regardless of the circumstances surrounding your relative’s demise, your claim must meet certain criteria.
That criteria includes your family member’s death must have caused some type of loss or damage to the remaining family members. Damages can include pain and suffering, your loved one’s lost wages, burial expenses and medical bills. You must also be able to show proof that your loved relative’s death was not a consequence of their own making. In other words, their actions or lack of action must not have been a contributing factor to their death. Their death must also be the result of someone else’s negligence.
Wrongful death claims are considered civil lawsuits that must be substantiated with proof which makes them quite challenging to prove. However, the right guidance can improve your chances of success.