Wrongful death: Do I have a case?
Every case is different, and it is best to talk over the details of your situation with a legal professional to get a better idea of your options. However, there are a few elements that must be present for a wrongful death suit to be filed in Florida.
First, and most obviously, the accident must have resulted in a death. There must also be surviving family members present who are determined to have incurred monetary hardship directly related to the death. A representative for the deceased person’s estate must already be appointed, and lastly, the fatal accident must have been the fault of another party, either through negligence or because the person intended to cause harm.
There are other situations where a wrongful death suit may be filed as well, and the surviving family members of someone who has died as a result of exposure to hazardous chemicals or conditions at work, medical malpractice or criminal behavior may also have legal grounds for a lawsuit. Anytime legal action is being considered, the first step should be to talk with someone familiar with the applicable Florida laws to determine what the options are and what the next steps should be.
Source: FindLaw, “Wrongful Death Overview” Aug. 31, 2014