Losing a loved one is always an excruciatingly painful experience, and it is impossible to recover from the loss completely. A personal tragedy like this might be particularly challenging if the death resulted from the negligence of another individual or entity.
Accidents are one of the leading causes of mortality in the United States and most commonly result from a violation of public safety laws by one or more parties. Although it is possible to recover from some forms of accidental injury, catastrophic physical injury can result in the death of an individual.
If you lost your loved one in a tragic accident that resulted from someone else’s negligence, you could file a wrongful death lawsuit against them. Through this lawsuit, you can obtain financial compensation for your loss. Although a lawsuit or financial settlement will not bring them back, it can take care of the costs of treatment and burial and help you process your grief by relieving financial stress.
Who Can File a Lawsuit?
If a person dies in an accident or due to an accident-related injury in the future, their loved ones can file a lawsuit against the negligent parties. In most cases, the beneficiaries of the decedent are named in the will and can file a claim on behalf of their estate. If a will is not available, a personal representative is appointed on the behalf of all beneficiaries. A living spouse, children under 25, adult children, living parents, or blood relatives can file a lawsuit on behalf of the deceased individual.
Civil and Criminal Lawsuits
If an accident is discovered to be intentional instead of due to negligence, there will inevitably be a criminal lawsuit. It is important to remember that at the same time, you can file a civil lawsuit against the defendant to sue them for damages.
Although both cases can proceed simultaneously, neither affects the other, and it is possible to achieve entirely different verdicts for both. However, it is only through a civil lawsuit that you can obtain compensation for your physical, financial, and emotional losses resulting from the death of your family member.
Statute of Limitations
The statute of limitations is a legal deadline after which no legal action can be taken against the other party. The clock for this deadline starts ticking at the time of the accident, and if you are not aware of the statute of limitations for your state, you might become ineligible to file a lawsuit.
In Florida, the statute of limitations for a civil lawsuit is two years. In extenuating circumstances, this period might be extended. However, this is not the norm, and expert legal guidance might be essential to following this deadline.
Conclusion
The grief of losing a loved one is challenging enough on its own without you having to bear the financial costs of their treatment and death, especially when the accident that took their life resulted from someone else’s negligence.
Your accident needs to be taken seriously and it’s good to reach out to a competent law firm. By consulting an experienced lawyer, you can file a wrongful death claim against the negligent party and hold them liable for your damages and emotional suffering. With the legal help, you will get your rightful compensation.
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