Who Pays For a Wrongful Death Lawsuit? The party who pays for a wrongful death lawsuit is typically the party who caused your loved one’s passing.

If you are pursuing financial compensation via a wrongful death lawsuit and your case is successful, the party who pays for a wrongful death lawsuit is usually the at-fault individual or entity.

According to Florida Statute § 768.21, some recoverable damages in a wrongful death lawsuit include:

  • The decedent’s medical expenses
  • Funeral and burial costs
  • Loss of support and services
  • Loss of companionship and protection
  • Mental and emotional pain and suffering

Each case has its own unique set of financial circumstances. No two cases have identical losses or expenses. Your lawyer will work to ensure that your case is accurately valued, and your losses are paid for by the liable party.

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Time Plays a Role in Your Ability To Seek Compensation

A civil action has a variety of moving parts that must be addressed for your case to be successful. When you file a wrongful death lawsuit, it must meet the time restrictions set by Florida’s statute of limitations. The time you have to file a lawsuit for damages in a wrongful death case is outlined by Florida Statute § 95.11.

According to Florida’s personal injury statute of limitations, you generally have two years from the date of your loved one’s passing to file a lawsuit. If you do not file your lawsuit on time, you put your ability to seek compensation in jeopardy. When a lawyer represents you, we can evaluate how the state’s statute of limitations applies to your case.

Defining Your Relationship to the Decedent

Your relationship with the decedent will play a role in the types of damages you can recover, per Florida Statute § 768.21. For example, the decedent’s spouse can collect damages for loss of consortium and pain and suffering. Children of the decedent can pursue loss of parental guidance and other noneconomic damages.

Just because you are related to the decedent does not automatically mean that you are eligible to pursue wrongful death damages. In some instances, it can be difficult to determine your eligibility to file a lawsuit on your own. In most cases, only a personal representative of the decedent’s estate can initiate a lawsuit for damages. While this can include the decedent’s spouse, parent, sibling, or child, this representative is either named in the decedent’s will or appointed by the court system.

Do not assume your qualification or disqualification to seek compensation for the death of a loved one. When you describe your familial relationship to the deceased person to your legal team, they can help you determine your legal eligibility to pursue damages.

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Get Financial Compensation For Your Loss

When someone you love dies because of another party’s negligence or carelessness, you may be entitled to seek compensation from the at-fault party. When you call the Law Offices of Anidjar & Levine today, we can explain who pays for a wrongful death lawsuit when you win. Call 1-800-747-3733 to find out how our team can support your case today.