Wrongful Death Attorney Certified as Expert By The Florida Bar Answers FAQs
How long do I have to bring a wrongful death lawsuit?
In the State of Florida, the Estate has 2 years from the date of death to bring a lawsuit. This means that the formal paperwork called a Complaint must be filed in the Court of proper jurisdiction within that time frame.
If my spouse is killed in the course and scope of his/her employment, can I bring a wrongful death action?
The answer is a little complicated. If the cause of the accident is a direct result of his/her employment and not caused by a third-party, then, generally speaking, the answer is no. Worker’s compensation benefits will pay out certain benefits associated with the death. However, often times, we are able to find a third-party who caused or contributed through their negligence to the death of the employee; in this scenario, a wrongful death action may be pursued against the third-party.
Can you sue after the statute of limitations has run?
No, you cannot sue after the statute of limitations has run.
Does Car Insurance Pay death?
This is a very broad question. However, under Florida law, Personal Injury Protection (PIP) will pay up to $5k for funeral expenses if the death occurs as a result of a car crash. In addition, if the at-fault party has Bodily Injury insurance (BI) it is possible to have his/her insurance pay. Similarly, if the decedent has Underinsured Motorist/Uninsured Motorist (UIM/UM), it is possible to have that insurance pay as well.
What's the difference between medical malpractice and wrongful death?
In short, a medical malpractice action assumes that the victim is still alive. A medical malpractice event can become a wrongful death action if the victim of the medical malpractice is deceased. If the cause of the death is due to medical malpractice, both medical malpractice and wrongful death statutes apply. The Statute of Limitations, however, will be governed by the individual facts of the case, but in no event will the statute be longer than 2 years from the date of death.
Can a sibling (sister or brother) sue for wrongful death?
Yes, but only if there are no surviving parent(s), no surviving spouse of the decent, and no survival children of the decedent.
Can you sue a hospital for wrongful death?
Assuming that the hospital through negligence and/or medical negligence caused or contributed to the death, the answer is yes. If it is a public hospital, certain additional limitations apply.
How does the attorney get paid a wrongful death case?
We at First Choice Law work on contingency which means we do not charge any attorney fees or costs unless we make a recovery for you.
Contact Our Personal Injury Attorneys in Orlando
If you think you may have a wrongful death case, call Jason Recksiedler or Caroline Fischer Espi at First Choice Law. We understand the pain of loss and uncertainty that a wrongful death can cause. We will answer all your questions and help you through this difficult time. We are available at 321-999-1111 and have a 24-hour answering service. You can also email us directly at email@example.com or fill out our online form and we will contact you shortly.