Understanding Wrongful Death
The term “wrongful death” describes the legal action taken by the child or close family member of a decedent who passed as a result of the “legal fault” of another. According to Florida Statute 768.21, the closest individuals to the decedent have a legal right to recover compensation for their loss. However, the window for making a wrongful death claim in Florida is just two years.
Death is always a tragic event—especially for those closest to the deceased. Amidst the tragedy, you may have a number of legal rights and options to seek compensation for the loss of a loved one.
Why You Need a Wrongful Death Attorney
Although it may not be immediately obvious, calling an experienced Fort Lauderdale wrongful death attorney at Clayton Trial Lawyers following a wrongful death could put you in the best position to recover damages for your loss.
Who Can Recover from a Wrongful Death Action?
Wrongful death actions depend on the nature of the relationship between the deceased and the person bringing the action. These lawsuits can most often be brought by spouses, children, parents, and potentially other relatives or close companions who relied significantly on the decedent for financial or emotional support.
Proving a Death was Caused by Another
A wrongful death action hinges on the fact that the death was caused by the legal fault of another. This means that the person who caused the death must have acted with negligence – that they knew or should have known that their actions could have resulted in the death of the decedent.
Common Causes of Wrongful Death
Several types of accidents can result in wrongful death claims. If your loved one was involved in any of the following incidents that led to their death, you may consider seeking compensation against the at-fault party:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace accidents
- Construction Defect/Premises liability
- Product Liability
Financial Damages in a Wrongful Death Action
There are numerous ways to be compensated by the at-fault party in a wrongful death action, including punitive damages for gross negligence or intentional conduct. Most commonly, claimants can recover for:
- Any out-of-pocket medical costs
- Funeral and burial expenses
- Loss of financial support
- Loss of emotional support and service of the deceased
- Loss of companionship from the deceased
- Loss of parental instruction, and guidance.
Contact Clayton Trial Lawyers Today
The best way to understand whether you can make a claim for wrongful death against an at-fault party is to speak to an experienced Fort Lauderdale wrongful death attorney. The attorneys at CTL have the skills, compassion, and expertise to help you and your family through tragedy and to passionately seek compensation for your loss. Call Clayton Trial Lawyers today for a free consultation to understand your legal rights.