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Personal injuries occur when someone’s irresponsible behavior harms another person. The injured party’s attorney could normally file a lawsuit to recover their medical care expenses, lost wages, and costs for emotional trauma. However, what happens when someone qualifies for a personal injury lawsuit but dies from their injuries before they can file the claim?
Family members of the deceased can file a wrongful death case to recover monetary damages (compensation) for their losses. There are strict rules, however, about who can file a lawsuit, how long you have to file it, and what you must prove. Our experienced and compassionate attorneys at Herman & Wells could help you determine whether you and your family meet the criteria for wrongful death lawsuit eligibility in Pinellas Park.
Although some states permit a family member to file a wrongful death claim, Florida allows only the deceased person’s personal representative to do so. A personal representative is often a close family member of the deceased and is usually also named as executor in the will. If such a will does not exist, the court appoints a representative.
The personal representative of a deceased Pinellas County resident can file a civil lawsuit for wrongful death and manage any resulting monetary award, acting on behalf of eligible survivors and the deceased person’s estate. They can only file one wrongful death claim per case. Survivors who may benefit from the proceeds of such a lawsuit may include the following with additional limitations:
While you may feel overwhelmed by the tragic loss of your loved one, our attorneys at Herman & Wells respectfully sympathize with your grief. We could work tirelessly to win fair compensation and keep you informed on the legal aspects of your case while you focus on yourself and your family.
Florida civil lawsuits for wrongful death are subject to a filing deadline so that at-fault parties do not have to worry about the threat of a lawsuit indefinitely. Filing deadlines were thought by the legislators to help with evidence, since witnesses’ memories fade over time and evidence becomes harder to find years after an accident.
In 2023, the Florida Legislature enacted House Bill 837, which reduced the time limit to file a negligence claim from four years to two years. However, there are exceptions to this reduced limit, such as if the at-fault party fraudulently conceals information about the fatality. You would then have two years from the date you discovered the fraud to file the case.
In addition to evaluating your eligibility to pursue a wrongful death claim, our Pinellas Park attorneys could determine the applicable filing deadline and work with the personal representative to prepare the case quickly.
Another eligibility reform that House Bill 837 changed is whether the subject of a wrongful death lawsuit (the deceased person) contributed to their own fatality. Under Florida’s old pure comparative negligence rule, a family could collect damages as long as the deceased was not 100 percent responsible for their death—the court would simply reduce the monetary award by the deceased’s percentage of responsibility, up to 99 percent.
The state now follows a modified comparative negligence rule. This means that Pinellas County families are only eligible to bring a wrongful death suit if the deceased person is not more than 50 percent at fault for the accident.
At Herman & Wells, we offer free case evaluations to determine whether your circumstances support a wrongful death lawsuit. If they do, we could help you pursue compensation for your loved one’s final medical and funeral expenses, lost wages that would have been contributed to the household, loss of companionship, and other damages.
Call us today for a free case review, and let us evaluate your wrongful death lawsuit eligibility in Pinellas Park.
