How can I file a wrongful death claim?
Florida Statute §768.19 states:
When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured.
A wrongful death lawsuit may be filed by the personal representative of the decedent’s estate within four years of his/her death. Any spouse, child, parent, or dependent blood relative of the decedent may ask the personal representative to file the wrongful death claim on their behalf. Examples of incidents that can result in wrongful death include:
-Automobile accidents
-Medical malpractice
-Defective products
-Workplace accidents
-Intentional criminal actions
Typically, wrongful death cases are pursued by personal injury attorneys. However, because of the probate aspects of such cases, retention of a probate attorney is also necessary. If you are a personal representative of an estate, or if you believe your loved one has recently been the victim of wrongful death, the attorneys at Bach, Jacobs & Byrne, P.A. are skilled probate litigators and elder law attorneys who can assist you with the commencement of a probate proceeding to pursue a lawsuit due to wrongful death. Call (941) 906-1231 to schedule an appointment.
