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6 Frequently Asked Questions on Wrongful Death


Wrongful death claims are filed against those who are liable for another person’s death. They are most often caused by another person’s negligence or misconduct. By filing a wrongful death claim, an individual can receive compensation for the loss of a loved one. These types of personal injury lawsuits can be complex, which is why this article will answer questions to the 6 most common questions people have regarding wrongful death claims.

Who Can File a Wrongful Death Claim?

Not everyone that is associated with the deceased is eligible to file a wrongful death claim. According to the wrongful death statute of Florida, the following parties can file for a wrongful death claim for a deceased person:

  • Spouse
  • Domestic partner
  • Child
  • Stepchild
  • Parent
  • Legal guardian
  • Sibling
  • Dependent(s) of the deceased person

What Is the Statute of Limitations and What Is Florida’s Wrongful Death Statute of Limitations?

The statute of limitations restricts the amount of time a person has to pursue legal action after a dispute. For wrongful death in Florida, the statute of limitations is 2 years after the date of death in almost all cases.

What Does Wrongful Death Compensation Cover?

The loss of a loved one can have grave effects on their close family or friends. If the family of the deceased elects to pursue legal action, the compensation that they can receive in a wrongful death suit covers:

  • Medical Bills
  • Lost Wages
  • Lost Inheritance
  • Funeral and Burial Costs
  • Pain and Suffering
  • Loss of Companionship

Can Wrongful Death Claims Be Settled Outside of Court?

More often than not, wrongful death claims are settled outside of court. Most experts estimate that about 90% of wrongful deaths claims are settled before trial. Depending on how obvious liability issues are in a wrongful death suit, the case may or may not have to proceed to court.

How Is Wrongful Death Proven?

There are 4 main elements that must be proven in a successful wrongful death chase. These elements are:

  • The defendant owed a duty of care to the deceased
  • The defendant breached their expected duty of care
  • This breach of care caused the death of another person
  • The person experienced damages as a result

How Long Will a Wrongful Death Suit Take?

There is no clear cut answer on how long a wrongful death lawsuit takes because each case is different. On average, you can expect your wrongful death suit to take about 1-4 years.

Interested In Filing a Wrongful Death Claim?

If your loved one has unfairly lost their life due to the fault of another party, you may be eligible to file a wrongful death claim against them. Through this type of suit, you and your family can receive compensation for the pain and suffering you experienced after your loss. The Orlando wrongful death attorneys at Payer Law understand the magnitude of struggles and stress you may be experiencing after a loss. Thus, we want to help ease your financial burdens and help guide you in the right legal direction. To schedule a free consultation with us, please do not hesitate to contact our office at (866) 930-1238 today.



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