Helping Families After Death in Florida
Losing a family member in a tragic accident is terrible, especially when it could have been preventable. Money could never replace a loved one or make the pain and anguish of your loss go away, no matter the amount. But when a family member is unexpectedly lost, the surviving members of the family are often left with overwhelming expenses and no way to pay for them. A wrongful death suit can aid victims’ families in receiving the reimbursement they need to cover these expenses, as well as for their pain and suffering. If you lost a loved one suddenly in an accident, or if they passed away from their injuries after starting their claim, give the caring team at Ginnis & Krathen P.A. a call. Our Fort Lauderdale attorneys have experience filing wrongful death claims on behalf of families throughout Florida and can offer you solace during a painful time in your life.
Contact our Fort Lauderdale wrongful death lawyers online or by phone today for a free consultation at (954) 905-4600. Our firm provides each client with the dedicated service they deserve.
What is Considered Wrongful Death?
A wrongful death claim exists when a person is killed because of the negligence of another person. According to Florida law, survivors can file a claim when their loved one’s death has been caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.”
A wrongful death case is typically pursued after fatal vehicle accidents, accidents due to a dangerous or defective product, bike accidents, boating or cruise ship accidents, railroad accidents, aviation accidents, construction accidents, medical malpractice, or any other form of fatality due to negligence. However, the Centers for Disease Control and Prevention (CDC) have reported that car crashes are one of the leading causes of death in the United States. More than 6 million accidents occur annually and 90 people die in crashes every day on average. Because most car accidents are caused by humans such as other drivers, you may be eligible to file a wrongful death claim if your family member passed away in a car accident.
How Much Time Do I Have to File a Claim?
Proving negligence is not easy and wrongful death law is complex. It’s important to have a wrongful death attorney with the experience necessary to bring a successful wrongful death suit.
There is a limited time known as the statute of limitations that you have to bring a wrongful death case. In Florida, it is usually required that you file a wrongful death complaint within two years from the time of death. There are certain exceptions to the rule, but they are limited. If you file your claim even just days after the deadline, it’s unlikely your claim will be considered. An experienced attorney can help you through the claims process to ensure you meet deadlines and have an opportunity to seek justice.
Determining Whether You’re Eligible to File a Claim
In addition to statutes of limitations, each state also has its own rules regarding who can file a wrongful death claim for their loved one. In Florida, wrongful death claims must be filed by the personal representative of the deceased person’s estate. Typically, the representative will be named in the deceased person’s estate plan, or the court will appoint a representative. The personal representative files a claim that represents the interests of all affected family members.
The family members who must be listed in the claim and can recover damages include:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
Additionally, other relatives who can show they were financially dependent on the deceased individuals have an opportunity to receive compensation, but only after the primary beneficiaries file their claim.
Call Our Wrongful Death Lawyers in Fort Lauderdale to Begin the Healing Process
When you have lost a family member due to the negligence of another, it is devastating, not only because of the emotional and physical pain of dealing with their death, but also the overwhelming financial burden left in the wake of the tragedy. Oftentimes family members are left with medical bills, funeral and burial expenses, insurance issues, and a lot of unanswered questions. A wrongful death attorney in Fort Lauderdale can work with you to make sure those questions are answered, the persons or entities responsible for the negligence are brought to justice, and you get the reimbursement you deserve so you don’t have to worry about money and can just focus on healing.
Ginnis, Krathen, & Zelnick, P.A. is a wrongful death law firm in Fort Lauderdale with the experience and knowledge you need to get the reimbursement you deserve. We realize that no amount of money will ever replace your lost loved one, but we also know that you are overburdened with unanticipated bills and expenses that you can’t possibly pay for on your own. We can work tirelessly to bring a successful wrongful death suit against the responsible parties and fight hard for the reimbursement you deserve.