Injuries or illnesses resulting in death are governed by the Florida Wrongful Death Act and interpreting case law. Unlike injury claims which carry a 4 year statute of limitations (with exceptions for governmental involved claims), death claims carry a strict 2 year statute of limitations from the date of death.
This can be problematic for an attorney not well versed in wrongful death claims as there is considerably less time to properly investigate the claim and comply with any pre-suit investigation and notice requirements that may be required. Delays are common as a result of the delay by surviving family members to contact an initial attorney due to a variety of factors including but not limited to grieving, denial, and a lack of knowledge regarding the full circumstances surrounding the incident.
By statute, the case must be brought by the personal representative of the estate who brings the claim on behalf of statutorily defined survivors. Determining who is a statutory survivor is often determined by the nature of the incident causing the death and the family composition of the deceased.
Death can result from a multitude of causes, including motor vehicle accidents, , pedestrian accidents, bicycle accidents, motorcycle and recreational vehicle accidents, commercial vehicle accidents, slip and fall accidents, sports accidents, premises security incidents, boating and cruise ship incidents, amongst others.
Our firm has extensive experience in representing the “statutory survivors” of deceased persons. We are qualified to handle wrongful death cases irrespective of its originating cause. We have interviewed, retained, and prepared for deposition and trial numerous expert witnesses including forensic medical examiners, homicide investigators, liability experts in multiple disciplines, economists, vocational experts, psychologists and psychiatrists, amongst many others.
All cases are handled on the assumption that trial will likely be necessary. Consequently, as the trial date approaches, the firm prides itself on using innovative trial aids including but not limited to computer animations; models; and demonstrative summaries on both liability and damages.
Some of the practice areas from which wrongful death can arise include:
Cruise Ship Accidents
SCUBA, Jet Ski, & Parasailing Accidents
Ocean, Fresh Water, and Swimming Pool Accidents
Industrial, Transportation Facility, and Construction Site Accidents