Wrongful death occurs when a person loses their life as a result of another person's negligent or wrongful act. Examples of wrongful death are car accidents, medical malpractice, work related accidents, defective products, emergency room negligence, and failure to diagnose.
Most wrongful death cases consist of the same basic elements: the death was caused by the wrongful act of another person, the person was negligent and therefore liable for the victim's death, there is a surviving spouse, parent, or child recognized by statute, and there is compensation available for the victim's wrongful death.
Compensation in wrongful death cases includes loss of love, support, and services of the deceased, losses experienced by each individual survivor, compensation for loss of the estate that would have been accumulated, and medical and funeral expenses. The statute of limitations - the time within which you have to file a lawsuit - for wrongful death cases in Florida is two years.
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