Make Sure You Cover The Basics For Wrongful Death In St. Petersburg
Michael Babboni
Wrongful Death
Nothing is more devastating to a family than losing a loved one. However, that emotional loss is often compounded by a financial loss, as a family member was a major—or even primary—the source of income for that family. This could be especially distressing if that loss of life were unnecessary, such as when someone else’s careless and preventable actions were responsible for the death.Fortunately, even when a death isn’t a criminal act, that loss of life can still be accounted for in a court of law with a wrongful death lawsuit. However, for this to succeed, some key requirements have to be met.
Statute Of Limitations
While it’s understandable that a family would need to take some time after losing a loved one to adjust and settle affairs, there is a time limit where a wrongful death lawsuit is concerned. The case must be filed within two years of the passing of the loved one. So while this gives surviving family members time to grieve, that time limit should not be taken for granted.
Should two years pass after a family decides to take legal action, it is now too late. A wrongful death lawsuit is no longer possible.
Wrongful Death Circumstances
Families should consider going forward with a wrongful death lawsuit if it falls under one of the following situations:
• A death arising from the use of a defective product
• A death based on negligence, whether this is an automobile accident or premises liability
• An intentional death
It’s important to note that even when an act is criminal in nature, such as murder, or manslaughter, it may still be possible to sue for wrongful death in addition to the criminal charges.
The Possible Compensation
If you are suing for financial compensation because the death of a family member has an economic impact on the surviving family members, what can you expect? These are the possible factors that can be used for the final calculation of total monetary compensation:
• Pain and suffering
• Medical and funeral costs
• Loss of companionship
• Support and services deceased may have provided to family members
• Lost wages and benefits
• Potential contribution to savings or estate
And many others.
Get A Representative
While family members in Florida can sue for personal injury, they don’t hire a wrongful death lawyer and do this themselves, as is often the case in other states. Instead, family members must designate a personal representative, or “executor” of the estate, who undertakes actions on behalf of the family and the estate.
In other words, once the family has appointed an executor, whether that is an actual family member, or someone else, that personal representative is then the one that reaches out to attorneys and actively manages the wrongful death case alongside the attorney.
If you or someone you know has lost a loved one to a death that should have been preventable, get the compensation that’s deserved. Talk to a wrongful death attorney about the next steps you should take to ensure the people responsible are held accountable for their negligence.