Wrongful Death Claims
Avoid the Pitfalls and Family Fighting.
A wrongful death claim may occur when a person dies as a result of another person or party’s negligence. Car crashes, motorcycle and truck accidents, medical negligence, and product liability claims are often the reason fatal injuries occur. The Florida Wrongful Death statute specifically deals with the rules surrounding these cases. The Florida Wrongful Death statute deals with most, if not all of the issues regarding a fatal accident, such as who is entitled to receive compensation, as well as the types of damages which may be recovered.
In Florida, a wrongful death claim is distinguished by a number of factors. First, a death claim must be filed within two years of the date of the death. This presents the family with a much shorter time frame to intiate a claim then in a typical auto accident or personal injury claim. Typical auto accident or personal injury claims must be brought within four years of the date of auto accident or injury, otherwise known as the staute of limitations. Typically auto accident and personal injury claims are different from medical malpractice claims.
Second, a wrongful death claim is typically pursued by the personal representative of the estate of the deceased on behalf of all the decedant’s beneficiaries. The personal representative is appointed by a probate judge in all cases. Whether or not multiple people are qualified to act as personal representative is a matter specifically for a probate attorney and may be decided on a case-by-case basis. Children of the deceased, the surviving spouse, or in the most horrific circumstances, the parents of a deceased minor child all may act as personal representative upon court approval. Appointment of a personal representative for an estate is handled exclusively by the Probate Court. After appointment, a persoanl representative is granted the authority to hire an attorney on behalf of the estate abnd pursue all claims on behalf of all the beneficiaries.
There are additional factors that must be taken into consideration in wrongful death claims. For instance, under Florida’s medical malpractice statute the right of recovery may not be available to surviving adult children who have lost a parent who was not survived by a spouse as a result of medical malpractice. Our experienced wrongful death attorneys will examine these difficult and complex issues.
Our wrongful death attorneys will provide a list of experienced, qualified probate attorneys for the families to interview to help them navigate through this difficult process. Obviously, after the death of a loved one nobody wants to deal with a wrognful death attorney. Unfortunately, experience teaches us that the times when a wrongufl death attorney is least wanted is likely the time when they are most needed.
What is a life worth? Not much according to insurance companies.
STAMATAKIS + THALJI understands the difficult road ahead.
Contact STAMATAKIS + THALJI for your FREE Consultation.
“Wrongful Death cases are some of the most complicated and troublesome cases I deal with as a lawyer. Dealing with such complicated legal and probate issues on the heels of the death of a loved one can be a trying time for any family. A lawyer that understands Florida’s wrongful death statue and probate law is just the beginning. Your lawyer must realize just how sensitive a death in the family can be and must be willing to fully immerse himself in the case. Otherwise, family members can and will turn on each other very quickly if they do not feel the lawyer or the personal representative of the estate is handling the case with care, honesty, and competence.” — Sami Thalji, Managing Partner, STAMATAKIS + THALJI