Losing someone unexpectedly is incredibly hard, and it is even more painful when their death was due to someone else’s negligence. If you are facing the unimaginable loss of a loved one or family member, we know nothing can truly compensate for your loss. Still, your loved one deserves justice, and filing a wrongful death claim can help you achieve that and possibly help you and your family find some closure. To start the process of filing your wrongful death claim with our compassionate and highly regarded legal team, please contact us today.
Eberst Law is a Florida law firm helping clients who have suffered the loss of a loved one to wrongful death. Our firm is proud to provide our clients with the personalized legal services needed to help them pursue the justice they deserve. Our team of trusted attorneys understand that the idea of taking legal action in the midst of your grief can seem impossible. However, you do not need to go through the wrongful death claims process alone. Our personal injury lawyers in Stuart, Florida are dedicated to ensuring our clients are able to build a strong wrongful death claim and pursue the fair compensation they are owed.
Who Can File a Wrongful Death Claim in Florida?
In Florida, the right to file a wrongful death claim is limited to certain individuals. Specifically, only the personal representative of the decedent’s estate can file this type of claim. Typically, the personal representative is named in the deceased’s will or estate plan. However, if there is no will or estate plan, the probate court will appoint a personal representative to handle these matters. Usually, the court will appoint the surviving spouse of the deceased as the personal representative.
Although only the personal representative can file a wrongful death claim, any compensation awarded is paid to the victim’s estate for the benefit of survivors or dependents according to Florida state law. When filing, the personal representative must list each survivor who may have an interest in the case and could legally claim part of the compensation. These parties who may be be eligible to recover and compensation awarded from the wrongful death claim include the following:
- The surviving spouse
- The children of the decedent
- The surviving parents
- The surviving grandparents
- Siblings (brothers/sisters) of the decedent
The recovered damages will be distributed according to Florida’s inheritance laws, ensuring the decedent’s family members are financially supported during this difficult time. For guidance on your eligibility to file a wrongful death claim, contact a trusted Stuart wrongful death attorney today.
What Damages Can You Recover From a Stuart Wrongful Death Lawsuit?
We understand that no amount of money can ever replace the immense loss you and your family have endured after the wrongful death of your loved one. However, wrongful deaths often lead to significant financial hardships for grieving families. You and your family should not have to face financial strain on top of your grief. This is why pursuing justice through a wrongful death claim is so important.
When you file a wrongful death claim with our Stuart, Florida, legal team, we will thoroughly investigate the circumstances and identify key factors to determine the compensation you may be owed. The damages you may be eligible to recover include the following:
- Wrongful death
- Loss of consortium
- Pain and suffering of the decedent
- Medical expenses of the decedent
Insurance adjusters will often try to get you to accept a low initial offer when reviewing your wrongful death case. That is why it is so important you work with our team of trusted legal professionals who have the experience and skills to negotiate for the fair compensation you are owed. To learn more about how we can help with your claim, contact our experienced Stuart wrongful death lawyer.
Understanding Liability in a Stuart Wrongful Death Claim
Depending on the exact details of your loved one’s wrongful death claim, there are various parties who may be found liable for their untimely death. In cases of medical malpractice that led to the death of a patient, the nurses or doctors who cared for the patient may be liable. However, in the case of a deadly car accident, a driver who was distracted and testing at the time of the crash may be the at-fault party named in the claim. Our team of trusted wrongful death lawyers in Stuart, FL will launch a full investigation into the details of what occurred to identify the liable party in your Stuart wrongful death claim.
Once the at-fault party or parties have been identified, the next step our wrongful death attorneys will take is to prove their liability. Proving liability is a crucial step in any wrongful death claim. Without proving liability, it would not be possible for you to pursue the compensation and justice you are owed. When proving liability, our team of wrongful death lawyers will collect evidence of the four factors of negligence.
The four factors of negligence are as follows:
- The at-fault party owed you a duty of care
- The duty of care was breached by the at-fault party
- The breach of duty led to the wrongful death of your loved one
- You suffered unimaginable losses as a result
To ensure you are able to build a strong wrongful death claim and bring justice to your loved one who passed due to the negligence of another party or parties, contact our Stuart law firm today.
How Does the Personal Representative Get Appointed in Florida?
In the state of Florida, the personal representative is the person who will represent the state of the deceased individual and will file the wrongful death claim. This individual is typically appointed by the court through a probate process, where the person named in the deceased individual’s will is usually chosen as the personal representative unless they are not qualified.
If there is no will, the surviving spouse usually takes priority, followed by the heirs or a close relative, depending on the unique family situation of the decedent. In these situations, the court will hold a hearing if necessary to decide who should be appointed if there is disagreement among the deceased individual’s beneficiaries. Some factors to consider when it comes to the appointment of a personal representative in a Florida wrongful death claim include the following:
- The Will Is Primary: If the deceased individual had a final will and testament before their passing, the person named in the will as the executor becomes the personal representative and can therefore file the wrongful death claim.
- There Was No Will: If there is no final will left by the decedent prior to their passing, the surviving spouse is typically appointed as the personal representative.
- Majority of Heirs: If there is no spouse, the spouse is not eligible, or if the spouse declines, the person selected by the majority of the heirs will be considered to be the personal representative.
- Court Decision: If there is a disagreement among the heirs, the court will then decide who becomes the personal representative of the estate after conducting a hearing.
- Qualifications: There are certain qualifications that are required to be a personal representative in Florida. This individual must be at least 18 years old, mentally and physically capable, and not have a felony conviction.
For more information on who may be appointed the personal representative and whether or not you are eligible to file a wrongful death claim in Florida, contact one of our experienced Stuart attorneys today.
What Is the Statute of Limitations for a Florida Wrongful Death Claim?
The statute of limitations is a legal term used to describe the length of time a person has to file a wrongful death claim after the passing of a loved one. In Florida, the personal representative of the deceased individual’s estate has up to two years to file their claim.
While two years may seem like a lot of time, the wrongful death claims process can be complex and lengthy. For that reason, it is important you contact one of our trusted wrongful death lawyers in Stuart, FL to begin working on your claim as soon as possible.
Our Compassionate Stuart Wrongful Death Lawyers Committed to Justice and Fair Compensation for Your Loved One
At Eberst Law, we understand the profound grief and financial difficulties that follow the wrongful death of a loved one. Our dedicated Florida legal team is here to provide you with the personalized support needed to navigate this challenging time. We are committed to helping you build a strong wrongful death claim and pursue the fair compensation you deserve.
With our compassionate approach and deep understanding of Florida’s wrongful death laws, we will stand by your side every step of the way. Reach out to our Stuart wrongful death lawyers today at (772) 225-4900 or fill out our contact form to start the process of pursuing justice for your passed on loved one.
