Statute of Limitations for a Wrongful Death Claim
When someone you love has been the victim of a wrongful death, you may be wondering if there are legal options available. For help in determining if someone else’s negligence was the cause of your loved one’s death, contact a Miami-Dade injury lawyer.
The statute of limitations in the state of Florida is two years from the date of death. In some cases, the discovery rule may apply. This rule allows for an extension in the statute of limitations according to when an actual injury was discovered or when it should have been reasonably discovered. To learn if this would apply to your case, you would need to speak with an injury lawyer.
Miami-Dade Injury Lawyer Explains Wrongful Death Claims
The basis of a wrongful death claim is being able to establish that someone else’s negligent actions were the cause of your loved one’s death. For instance, if your loved one were killed by a drunk driver, the action of getting behind the wheel impaired would be considered negligent.
Other types of negligence might include speeding, running a red light, failing to yield and other types of traffic violations. If your loved one was partially at fault for the accident, this may affect the amount of damages you are able to collect.
This is because Florida follows the pure comparative negligence system. The comparative negligence system allows authorities to assign a percentage of responsibility for the accident to both drivers if both drivers are determined to be at fault. Compensation is adjusted based on this percentage. Therefore, if you are determined to be 25% at fault for the accident, your compensation may be reduced by 25%.
This is why it would be in your best interest to secure legal counsel. Your lawyer can help prove the other party’s negligence and make sure that any compensation you receive is fair and full.
Wrongful death cases can become complicated, and with the time it takes to investigate and collect evidence, you shouldn’t delay. The longer you wait, the more at risk your claim is.
Consulting with a Miami-Dade Injury Lawyer
The tragedy of losing someone is so much worse when it was the result of negligence. Knowing that the loss of life could have been prevented can cause additional stress on a family. You may have the right to seek compensation for the medical expenses, pain and suffering, loss of income and more.
An injury lawyer at Falk & Falk Law Firm can help with your personal injury claim. We serve residents in the Miami area. Contact us today for a free consultation at 305-279-0999.