Can a Family Sue for Wrongful Death? A family can sue for wrongful death.

Under Florida Statute §768.21, a family can sue for wrongful death in the event of a loved one’s passing.

These can include (but are not limited to) the decedent’s:

  • Spouse
  • Parents
  • Children, biological or adopted
  • Any family member dependent on the decedent

For your case to be successful, you will need to prove that another party’s negligence resulted in the death of your loved one. However, under Florida Statute §95.11, you only have two years from the date of their passing to do so. Because of the legal complexities that go into pursuing a wrongful death claim, many claimants choose to work with a lawyer who can represent their case.

For a free legal consultation, call (800) 747-3733

A Wrongful Death Claim Must be Built on Negligence

While a family can sue for wrongful death, their claim must be based on evidence. Your legal team will be tasked with proving that because the tortfeasor violated their duty of care, your loved one passed away.

For your case to be successful, your lawyer must give validity to the following statements:

  • The liable party had a duty of care to take reasonable actions that would not harm others.
  • The liable party breached their duty of care.
  • Your loved one was involved in a fatal accident or incident that stemmed directly from the other party’s negligent actions or behaviors.
  • You have incurred economic and noneconomic damages as a result of your loved one’s passing.

Any available evidence, including photos, videos, police reports, medical statements, and other pieces of information can bolster your claim.

Compensable Damages in a Wrongful Death Claim

When a family sues for wrongful death, oftentimes, they are seeking financial recovery for both the financial and psychological aspects of their loved one’s passing. Under Florida Statute §768.21, you are granted the ability to recover various damages associated with your loved one’s death.

They can include:

  • Expenses related to the decedent’s memorial service
  • The cost of burial or cremation
  • End of life costs, including hospice and life support
  • Loss of income
  • Loss of consortium
  • Loss of parental guidance and household benefits
  • Psychological anguish suffered by the surviving family members

The state of Florida may place a cap on the value of noneconomic damages you can pursue, depending on what contributed to your loved one’s passing.

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Call the Law Offices of Anidjar & Levine Today

At the Law Offices of Anidjar & Levine, we understand that no one is ever prepared for the death of a loved one. If you are a qualifying family member and wish to file a wrongful death claim, no matter what stage of the process you are in, we can help. When you work with us, your goals are our top priority. We can investigate the details of your loved one’s passing, collect evidence to support your claim, and represent your interests in court, if necessary.

To learn about what we can do to promote your legal goals, call the Law Offices of Anidjar & Levine today at 1-800-747-3733.