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How is a wrongful death suit initiated in Florida?

There are many deaths in Florida every year. Some are of natural causes, but many others result from an accident or intentional act of another person or entity. Often in these situations the person who died is relatively young and has a full life in front of them. It can be extremely difficult for the friends and family of the victim to cope with the loss. In addition to the emotional loss that the family experiences, they may also experience a significant financial loss as well.

Due to this fact under Florida law, in order to start a wrongful death lawsuit the death must be the result of one of the following: negligence, wrongful act, breach of contract, default or breach of warranty by a person or entity. Also, the deceased victim must have been able to start a personal injury lawsuit if the person had not died as a result. If those conditions have been met, then the personal representative of the victim's estate can bring a wrongful death lawsuit against the person or entity who caused the death. The lawsuit is for the benefit of the survivors of the victim and the estate.

No one wants to be in the position where they have to worry about starting a lawsuit, but a lawsuit may be necessary to obtain the compensation needed after the loss of a loved one. Just because a person dies, it does not mean the family's expenses will lessen. Also, children must still grow up and spouses must continue caring for and raising the children. So, while the compensation cannot completely erase the emotional pain, it does help ensure the financial needs will be met. It may also bring some closure, knowing the wrongdoer or negligent party was held responsible.

Unfortunately many families lose loved ones each year due to the fault of another person or entity. Initiating a lawsuit may help a family or estate address their new and unexpected financial needs after a tragedy. If one has lost a loved one, Fort Lauderdale wrongful death lawyers may be able to help guide one through the process.

Source: Florida Legislature, "Florida Statute 768.19," accessed Dec. 15, 2014.

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