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Wrongful Death FAQs

1. What is Wrongful Death, and When Can it Occur in Florida?

Wrongful death in Florida occurs when a person dies as a result of someone else’s negligence. This can include various situations such as car accidents, medical malpractice, or defective products.


2. Why Do I Need a Wrongful Death Attorney in Florida?

A wrongful death attorney can help you navigate the complex legal process of pursuing a wrongful death claim, ensure your rights are protected, gather evidence, negotiate with insurance companies, and seek fair compensation for your losses.


3. Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, the personal representative of the deceased person's estate is typically the one who files a wrongful death lawsuit on behalf of the surviving family members. A personal representative is established by court order.


4. What Damages Can Be Recovered in a Florida Wrongful Death Claim?

Damages that can be recovered vary based on the relationship between the “survivor” and the person who died. These are the damages that may be recovered in a wrongful death case: loss of companionship/pain and suffering; loss of support and services, loss of earnings and net accumulations, medical and funeral expenses, and litigation expenses.


5. How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

In Florida, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. It's crucial to consult with a Florida wrongful death attorney as soon as possible to ensure you meet all legal deadlines and preserve your right to seek justice.


6. What is the Role of the Personal Representative in a Florida Wrongful Death Claim?

The personal representative of the deceased person's estate has the legal authority to file a wrongful death lawsuit, represent the estate's interests, gather evidence, negotiate settlements, and distribute any damages awarded according to Florida's wrongful death laws.


7. How is Liability Determined in a Florida Wrongful Death Case?

Liability in a Florida wrongful death case is determined by establishing that the defendant's negligent or wrongful actions caused the death of the victim. This often involves investigating the circumstances surrounding the incident, gathering evidence, and proving negligence.


8. Can I Pursue a Wrongful Death Claim if the Deceased Had a Pre-existing Condition?

Yes, you can still pursue a wrongful death claim in Florida even if the deceased had a pre-existing condition. The key is to demonstrate that the defendant's actions or negligence contributed to or exacerbated the pre-existing condition, leading to the death of the victim.


9. Will My Wrongful Death Case Go to Trial in Florida?

Not necessarily. Many wrongful death cases in Florida are resolved through out-of-court settlements negotiated between the parties. However, if a fair settlement cannot be reached, your case may proceed to trial, where a judge and jury will help determine the outcome.


10. How Can I Schedule a Consultation With a Florida Wrongful Death Attorney?

To schedule a consultation with a Florida wrongful death attorney, you can call or contact us online. During the consultation, we will discuss the details of your case, answer your questions, and provide guidance on the best course of action to pursue compensation for your losses.


If you or someone you know needs an attorney to help seek justice for a Florida wrongful death, please call us at 754-400-5150 or contact us online. Let the Law Offices of Evan M. Rosen serve you!

Client Reviews
★★★★★
Mr. Rosen was recommended to us by our friends and we highly recommend him for his excellent service. He represented us in the matter of foreclosure defense. His comprehensive and detailed knowledge of Florida law, federal law, and ongoing relevant cases was key to building a robust and winning strategy for our case. He presented us with several options and the risks associated with each, but ultimately, we picked the one that worked best for us. Mr. Rosen and his legal team are highly professional and always easily approachable via phone or e-mail. Once again, highly recommended. Jadwiga M.
★★★★★
In a few words, Evan Rosen saved my house. He got a final judgment in my favor. The judge gave the bank many opportunities (continuance of the trial even a mistrial) to solve all the issues that Evan Rosen will bring up to the judge (issues that were wrong with my case). In the end, his arguments could not be overlooked by the judge and Evan won the judgment in favor of the defendant (me) and an involuntary dismissal of the case. If you want to have the best chances to win your foreclosure case, you need Evan Rosen on your side. He is the Super Lawyer. I have seen him flying out of the courthouse. Oscar D.
★★★★★
I am so grateful first to god and for the blessing of putting attorney Evan Rosen and his team of professional, in our lives. If you are going through a foreclosure and don't know what to do, I can honestly tell you that attorney Evan Rosen is the person to talk (855-55-Rosen) he takes his time to hear your situation and never sugar coats anything and he does not give you false hope. He is an attorney that you can be sure will fight the fight for you. I know nowadays it's hard to find an attorney that you can trust, but know this, you will not regret the day you choose him. Julie D.