A wrongful death lawsuit claims that the victim was killed as a result of negligence (or other type of unjust action) on the part of the person or entity being sued, and that the victim’s survivors are entitled to monetary damages as a result of the improper conduct.
This type of claim is different from a normal negligence lawsuit, which is filed by the person injured for the resulting damages. A wrongful death claim is filed when the victim’s family believes that the death was a result of carelessness or negligence and is able to prove that claim. Wrongful death cases are civil actions, usually between individuals. It is not a criminal matter such as murder or manslaughter. Wrongful death cases operate under many of the same principles of negligence except there are some significant difference. It is also important to remember that the statute of limitation for a Wrongful Death case in Florida is only two years. Moreover, there are some limitations on who is able to recover so it is best to consult an attorney as soon as possible.