Every state has its own wrongful death laws and processes for wrongful death lawsuits. But as someone who’s lost a loved one, what do these laws mean to you? And how do they affect your right to damages? In the grand scheme of things, there’s only one state with relevant wrongful death laws––and that’s the one you live in. These laws outline issues regarding fault, the statute of limitations, and what damages you can recover.
Wrongful Death Laws Across Different States
Let’s compare Florida’s wrongful death laws to the ones in, say, Georgia. Here’s what to know:
The Decedent’s Beneficiaries Can Recover Damages
If you’re the decedent’s surviving spouse, child, or parent, you can recover the damages associated with their passing, per Florida Statutes § 768.20. This is similar to Georgia’s wrongful death statutes. Compensable losses in a wrongful death case may comprise funeral costs, end-of-life medical bills, and lost wages.
It’s worth noting that the actual person who files the action must be a representative of the decedent’s estate. While this could be a family member, it’s not guaranteed. Generally, the decedent names a personal representative in their will.
You Generally Have Two Years To File Your Wrongful Death Lawsuit
Per Florida Statutes § 95.11, you generally have two years from the date of your loved one’s passing to file a wrongful death lawsuit. This two-year deadline is standard in many states, including Georgia and Texas. Some states have shorter filing periods; for instance, in Louisiana, you generally have one year to sue.
Across all 50 states, the civil statute of limitations outlines how long you have to file a lawsuit in civil court. What’s more, if you wait too long and don’t file your case within that period, you could lose the right to seek compensation altogether. This makes it crucial to consider your legal options in the aftermath of losing a loved one.
Suing The Government Comes With Certain Rules
In many states, including Florida, the government has special immunity against wrongful death lawsuits. That doesn’t mean these agencies aren’t financially responsible, but these cases come with some nuances that cases against individuals do not.
For instance, you generally have a shorter time to sue for damages. If a government agency played a role in your loved one’s passing, you could have less than the standard two-year filing period to sue. When you partner with a Flagler Beach wrongful death lawyer, they can advise you on these details and explain what a shorter filing period could mean for your case.
Florida’s Personal Injury System Has Undergone Recent Changes
With the passage of HB 837, Florida has undergone many changes to its personal injury claims system. To illustrate this point, imagine that you lost a loved one in a car accident. In this situation, Florida would operate on a no-fault system, meaning you could pursue damages from your loved one’s auto insurance carrier. Yet, if your loved one caused more than 51 percent of the accident, you cannot recover damages.
Not every state works on this system. Some rely on principles of:
- Pure comparative negligence: In states with pure comparative negligence laws, you can seek and collect compensation no matter how much fault the decedent had in the accident. Suppose your losses total $50,000. Even if the decedent was 95% at fault, a successful claim could still net you $5,000.
- Modified comparative negligence: In modified comparative negligence states, you may also seek damages if you’ve been deemed partially responsible, but only up to a certain point. In some states, it is a 49% bar. In others, it’s 50% or 51%.
- Contributory negligence: The strictest of the fault laws, if a claimant bears even one percent responsibility for the accident, they cannot pursue damages whatsoever. Evidence is crucial in cases like these.
Fault laws and negligence systems sometimes change. For instance, Florida operated on a pure comparative negligence system for decades until HB 837 came along. When you work with a lawyer, you don’t have to spend hours researching state law. Instead, you can hand off your case to a professional who stays abreast of changes in wrongful death cases.
No Matter Where You Live, You Could Benefit From A Lawyer’s Help
If another party’s negligence led to your loved one’s passing, you have legal options––and one of those options includes entrusting your case to a wrongful death lawyer. An attorney can evaluate your case, determine the applicable laws, and pursue the financial recovery you deserve.
Their obligations include:
- Investigating the cause of your loved one’s death
- Learning who is financially responsible for your losses
- Calculating your losses, including pain and suffering
- Handling all case-related communications
- Filing your wrongful death claim
- Keeping you updated on any offers
- Negotiating with the liable insurer
- Suing the negligent party, if applicable
Wrongful Death Lawyers Across Different States Work On Contingency
Losing a loved one presents many financial challenges, some of which may discourage you from seeking legal assistance. Yet, many wrongful death lawyers operate on contingency, meaning they don’t charge clients anything upfront or out of pocket.
If your case succeeds, your lawyer will take a percentage of your settlement as payment for their attorney’s fees. If your case doesn’t yield a fair outcome, you don’t have to pay for certain expenses. Many claimants find that this arrangement alleviates their financial concerns. You could find similar relief when partnering with a lawyer on contingency.
Call The Law Offices Of Anidjar & Levine For More Information
As noted, you don’t have to learn every state’s wrongful death laws to recover compensation. In fact, you don’t even need to fully understand your own. A lawyer from our team can apply their knowledge and experience to your case, all while fighting for the best possible outcome.
You don’t have to lift a finger when you entrust the Law Offices of Anidjar & Levine with your case. We go the extra mile. Call now to begin your free, no-strings-attached case review.
We Can Help.
