Daytona Beach Wrongful Death Lawyer
Florida Wrongful Death Attorney Serving Clients in Daytona Beach
Experiencing the unexpected death of a loved one can be one of the most difficult experiences in a person’s life. When a parent or spouse dies as a result of another party’s negligence, we know how incomprehensible it might seem to consider filing a lawsuit while you are grieving from the death of a close family member. However, we also know how important it is to ensure that you are not left with the financial consequences of someone else’s careless or reckless behavior. By filing a wrongful death claim, you can hold the responsible party accountable in addition to seeking compensation. While we know that financial compensation cannot bring back your loved one, it can help you to manage the extensive costs associated with hospital bills, funeral expenses, and lost wages.
An experienced Daytona Beach wrongful death lawyer can speak with you today about your options.
What is Wrongful Death Law in Daytona Beach?
Under Florida’s wrongful death law (Fla. Stat. § 768.19), a wrongful death is one that “is caused by the wrongful act, negligence, default, or breach of contract” of another party or person.
Wrongful death law is closely related to personal injury law. While personal injury law allows an injured person to file a claim against the responsible party for compensation, wrongful death law also seeks to allow the person who has been fatally injured (or that person’s family) to seek compensation from the responsible party. Since the injured person died from his or her injuries, however, that person cannot file a claim themselves. Instead, Florida law allows a personal representative of the deceased to step into that person’s shoes, so to speak, in order to file a claim.
Who is Eligible to File a Daytona Beach Wrongful Death Lawsuit?
Under Florida law, only the personal representative of the deceased is eligible to file a wrongful death lawsuit. In some cases, the decedent will have named the personal representative in his or her will. If no personal representative has been named, the court will appoint a personal representative.
While a personal representative is the one who files the lawsuit, that person seeks damages on behalf of the decedent’s close family members. Under Florida law, the spouse, children, parents, and other relatives who were dependent on the deceased may be eligible to obtain compensation.
Timeline for Filing a Daytona Beach Wrongful Death Claim
The statute of limitations for a wrongful death claim in Florida (Fla. Stat. § 95.11) is two years. Accordingly, a party has two years from the date of the decedent’s death to file a claim. While the clock on the statute of limitations for personal injury claims usually starts on the date of the injury, the wrongful death statute of limitations begins running on the date of death.
If a claim is not filed within two years, the family members of the deceased may be ineligible to obtain compensation through a lawsuit.
Contact a Wrongful Death Lawyer in Daytona Beach
We know that losing a loved one is a devastating experience, but we can help you to seek compensation through a wrongful death claim. A compassionate Daytona Beach wrongful death lawyer can discuss your case with you today and how you can move forward with a claim. Contact The Pendas Law Firm to speak with an advocate today about a wrongful death lawsuit.