How To File a Wrongful Death Lawsuit

Wrongful death is when you or a loved one dies from the negligence of the opposing party. A wrongful death can be caused by an injury that was caused by negligence but so severe that it caused death. An example can be a common car accident in Fort Lauderdale. Car accidents in Fort Lauderdale happen on a daily basis, but if the car accident was severe enough to inflict life-threatening injuries that eventually lead to the death of a loved one (and there was negligent driving involved from the other party), then that is a case of wrongful death. 

Who Can File a Wrongful Death Lawsuit

Although it sounds like common sense, there is still lots of confusion as to WHO should file a wrongful death lawsuit in Fort Lauderdale. 

Commonly, there are a few parties that can file a wrongful death lawsuit for someone that passed away:

• Immediate family members of the individual that passed away
• Surviving spouse (if the person that died was married)
• Parents of the person that died (if the person that died was a minor child)
• If the deceased person was a single adult, then a distant relative (such as a grandparent, uncle, or aunt) can file the wrongful death lawsuit in Fort Lauderdale

Normally, the people stated above will be the ones that have the right to file a lawsuit in the case of a wrongful death case. 

But in some cases, the deceased person may have left a will as to who can actually file a wrongful death lawsuit on their behalf. 

If that is the case, then the wrongful death lawsuit can only be filed by the person that was given permission to do so in the will.

What is the Cause of Wrongful Death

Most wrongful death cases are from serious injuries that someone sustained from an accident. Common car accident injuries such as neck pain, back pain, and internal organ damage (just to name a few) can lead to wrongful death if left untreated or if it is too severe. 

What is the Time Limit to File for a Wrongful Death

The time limit for filing a wrongful death case is different from state to state. This time limit for filing a lawsuit is also known as a statute of limitations. 

However, since we are based in Miami, according to the Florida statute, the statute of limitations for a wrongful death case in Florida is 2 years.

So, from the date of death, the wrongful death case must be filed within 2 years of that date. 

How to File a Wrongful Death Case

Filing a wrongful death in Fort Lauderdale can be complicated and stressful. 

Adding on top of the grief and sadness of losing a loved one, dealing with a wrongful death case will most likely overwhelm you.

The other party’s lawyers, adjusters, and insurance company will make it as hard as possible for you to get the appropriate settlement amount.

Remember that those people are working for their client, and their client is the other party that caused the wrongful death.

If a loved one was injured severely by negligence of another party and it led to wrongful death in Miami, then give our wrongful death lawyers in Fort Lauderdale a call.

We start with free consultation to get your side of the story and determine how we can help you. From there, we will gather evidence such as photos to build you a strong wrongful death case and help you get the financial compensation for the pain and suffering you went through.