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There are no words to accurately describe the feeling of losing a loved one, especially when it comes unexpectedly in an accident. In addition to the grief, there often eventually is uncertainty surrounding how the family will pick up the pieces financially after a tragic loss. At Clark, Fountain, La Vista, Littky-Rubin & Whitman, we have dedicated our careers to helping families in Florida in their times of need. A Florida wrongful death lawyer from our firm has a strong track record of getting the families we represent the full compensation available for the loss of a loved one.
What is a Wrongful Death Claim?
Wrongful death is a legal claim in which certain family members of a person who has passed away can seek compensation from those responsible for the death.
These claims are pursued in civil lawsuits, which are completely separate from any criminal proceedings related to the death. That means the family can sue someone for wrongful death, even if he or she has been acquitted or found not guilty on criminal charges. In addition, the legal standard for proving liability in wrongful death cases is lower than the standard for proving criminal guilt: A judge or jury must simply find that it is more likely than not that the person being sued is responsible for the death.
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These claims are based on negligence, a legal theory that holds people and entities responsible when they do not live up to a certain standard of care.
Drivers, for example, are required to operate their vehicles in a reasonably safe manner and to avoid dangerous activity behind the wheel. Likewise, commercial store operators and other property owners are generally obligated to keep the premises in safe condition and warn visitors of hazards that the owner knows about or should know about through reasonable inspection.
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Who Can Sue for Wrongful Death in Florida?
Florida law imposes some important limits on who can file a wrongful death lawsuit, as well as deadlines for when to file.
The following relatives of a deceased person can sue for wrongful death in Florida:
- Spouse
- Children
- Parents
- Dependent blood relatives
- Dependent adopted siblings
Although the limits vary based on the circumstances, these family members can seek compensation for a range of financial implications of the person’s death. That includes hospital, medical and burial costs, as well as money for the loss of the deceased person’s financial and emotional support.
Families generally have two years from the time of the death to file a lawsuit or risk losing the right to sue, with some exceptions. An experienced Florida wrongful death lawyer can help you navigate the process.
Consult a Florida Wrongful Death Lawyer
If you have lost a loved one in an accident in Florida, an experienced attorney at Clark, Fountain, La Vista, Littky-Rubin & Whitman can help. We are so confident in our ability to assist you that we typically do not get paid unless we get compensation for you. Our office is conveniently located in Palm Beach Gardens, and we serve clients throughout South Florida. Call 561-277-3367 or contact us online to schedule a free consultation with a Florida wrongful death lawyer.
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Mark W. Clark
Managing Partner
Donald R. Fountain, Jr.
Partner
Julie H. Littky-Rubin
Partner
Ben J. Whitman
Partner
Daniel D. Walker
Attorney
Waleska Sanchez
Florida Registered Paralegal Investigator
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