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How Does a Wrongful Death Lawsuit Work?
When you file a wrongful death lawsuit in Hollywood, FL, you must meet the same burden of proof the deceased would have faced if they had survived to file a personal injury lawsuit. That means you must provide evidence to demonstrate:
- The other party had a legal responsibility to avoid injuring or killing the victim.
- The victim was fatally injured or killed as a direct result of the other party’s negligence or intentional harm.
- The victim’s death resulted in personal and financial losses for the deceased’s estate and surviving family members.
- The personal representative has the right to file a wrongful death lawsuit, and the beneficiaries named in the case are legally entitled to compensation.
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Common Causes of Wrongful Death in Hollywood FL
At Rosen & Ohr, P.A., our experienced Hollywood, FL, lawyers are prepared to handle cases involving the many causes of wrongful death, such as:
- Car accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Bicycle or pedestrian accidents
- ATV accidents
- Railroad accidents
- Airplane crashes
- Boating accidents
- Maritime disasters
- Dangerous premises
- Dog bites and animal attacks
- Defective products
- Dangerous pharmaceuticals
- Medical malpractice
- Misdiagnosis and delayed diagnosis
- Workplace accidents
- Construction accidents
- Nursing home abuse or neglect
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Who Qualifies to File a Wrongful Death Claim?
Under Florida law, only the personal representative of the deceased’s estate may file a wrongful death lawsuit. If the deceased prepared a valid will before they died, the executor they nominated to handle their will is typically their personal representative. If the deceased died without a will or their preferred executor cannot or will not perform their duties, the court will typically appoint someone as the deceased’s personal representative.
Although personal representatives are the only individuals who can file wrongful death lawsuits, they do not necessarily benefit from the claims. Instead, they act on behalf of the deceased’s estate and surviving family members. When a personal representative files a wrongful death claim, they must list all surviving family members who may be entitled to money from the claim.
The primary beneficiaries in Hollywood, FL wrongful death claims include:
- Surviving spouse
- Surviving minor children
- Surviving adult children
- Surviving parents
Other biological or adoptive relatives who were “partly or wholly dependent” on the deceased may also recover, but typically only once any primary beneficiaries have had an opportunity to claim compensation.
Some survivors do not qualify for certain types of compensation. For example, if the deceased left behind a spouse and minor children, those individuals could be compensated for pain and suffering. Parents of adult children can only recover compensation for pain and suffering if there are no other survivors.
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Statute of Limitations for Wrongful Death in Florida
Under Florida’s statute of limitations laws, most wrongful death lawsuits must be filed within two years of the date of the deceased’s death. However, there may be exceptions in certain circumstances, such as for deaths resulting from murder or manslaughter.
If you believe you have grounds for a wrongful death claim in Hollywood, FL, a knowledgeable attorney can help you review the specifics of your situation and determine whether you may be entitled to compensation.
Contact a Hollywood, Florida, Wrongful Death Lawyer Today
Losing a beloved family member or loved one in a preventable tragedy is profoundly difficult. You should know that you do not have to bear this devastating burden alone. The compassionate and caring Hollywood personal injury attorneys at Rosen & Ohr, P.A. are here to support and counsel you during this painful process.
Please do not hesitate to contact our law firm at your earliest convenience to schedule a free, confidential consultation focused solely on you and your family’s needs. This will allow us to discuss your legal options in more depth and explain how we may be able to help advocate on your behalf during this time of immense grief. Our team is always ready to assist.