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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.

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  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
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  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod