Wrongful Death Law

How to File a Wrongful Death Claim?


Dealing with the loss of a loved one is undoubtedly a difficult situation. Throughout your life, you have been trained to accept and deal with grief and loss. But if a wrongful death has occurred, you may not know what to do next.

While handling a tragic situation may be tough, no one should have to blindly go into dealing with a wrongful death alone. There are several important ways to educate yourself before filing a wrongful death claim with an attorney.

What Is a Wrongful Death?

Before filing a wrongful death claim, it is a good idea to understand wrongful death. First and foremost, there are a couple of factors that a victim must prove in the case of a wrongful death suit. This can include how the person was reckless or negligent against your loved one, how your loved one’s death was a result of their negligence or even some of the damages you are dealing with because of your loved one’s death.

Some cases that can be considered a wrongful death include:

  • Car accidents, bus accidents or train accidents
  • Dog bites
  • Drunk driving accidents
  • Work injuries
  • Defective drugs

Who Can File a Wrongful Death Suit?

Every state is different when it comes to who may file a wrongful death suit, but in the state of Florida, you must attain an attorney to file a suit of this nature. After a personal representative has been retrieved, a blood relative or spouse can file a wrongful death claim but it is common for a court to abide by the deceased person’s will before continuing any further.

After a wrongful death suit has been filed, if the case is won, the award usually goes to a surviving spouse, child or parents. There are many things that can be included in a wrongful death suit. For example, an individual can sue for pain and suffering; a family member may sue for funeral costs, medical costs or loss of financial support; a child could be compensated for the fact that they have lost parental guidance.

In a case like this, a judge can also issue punitive charges to the defendant. This is often used as a means of ‘punishment charges’ for the actions they have taken that resulted in the loss of a life. While these charges are usually issued at the discretion of the jury, the expenses are still given to the individual who is suing or filing the wrongful death claim.

What Do You Do Next?

After researching through information, if you have decided that you have a valid wrongful death case or need more questions, it is essential to contact a wrongful death attorney immediately. Some states statutes of limitations in which an individual cannot file these claims after a certain amount of time. In the state of Florida, the limit is two years.

If you are dealing with a potential wrongful death claim, You can contact the Fetterman & Associates. Their experience and knowledge attorney will help get you through this difficult time and find a way of dealing with the tragedy in the best way possible. Here are the phone number to Call –  561-845-2510 where you can schedule a free consultation and get answers of any question you may have.


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