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WHAT IS A WRONGFUL DEATH CLAIM?
A wrongful death claim alleges that someone’s negligence or recklessness caused the victim’s death. Each individual state has a “wrongful death” statute to allow certain survivors to bring this type of claim.
WHAT ARE THE ELEMENTS OF A WRONGFUL DEATH CLAIM?
A wrongful death occurs when a death is caused, in whole or in part, by the conduct of a negligent or reckless third party.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
Although the exact category of people allowed to bring such a claim varies, generally the decedent’s spouse and/or children may bring these claims.
WHEN MUST A WRONGFUL DEATH CLAIM BE FILED?
Each state has its own time limit, or “statute of limitations,” that defines the time frame during which a wrongful death lawsuit may be filed. In Florida, the statute of limitation for a wrongful death claim is generally two years. A claim, even a valid claim, may be denied by the courts if it is filed after the statute of limitations has run.
HOW IS THE AMOUNT OF DAMAGES DECIDED UPON?
Each state defines who may sue for wrongful death. It is limited to spouses and children in some states, but can also cover grandparents and other relatives in other states.
HOW LONG WILL IT TAKE TO SETTLE MY WRONGFUL DEATH CLAIM?
The majority of wrongful death claims are satisfied with pre-trial settlements. Wrongful death claims are a very complicated area of law and a quick resolution may or may not happen.
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