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Jensen Beach Wrongful Death Lawyers

The untimely death of a loved one is the single greatest tragedy anyone can face. Regardless of the age of the deceased, an accidental death is always premature and utterly devastating.

Whether your 75-year-old mother sustained fatal injuries in a slip and fall accident or your 35-year-old husband died in a motorcycle crash, your family may be able to hold the liable parties financially accountable for the resulting damages. Although filing a wrongful death claim will not bring your loved one back, securing a settlement can ease any financial burden left in the wake of the loss.

If you lost a relative in a preventable accident, turn to the compassionate wrongful death attorneys at Weston & Pape to determine if you have grounds for a claim. We combine the resources and experience of a large law firm with the personal touch of a small practice. Call 772-266-5555 to schedule a free case evaluation with one of our Jensen Beach accident lawyers.

What Kinds of Damages Are Recoverable in a Florida Wrongful Death Claim?

The purpose of a wrongful death claim is to compensate surviving family members for losses incurred as a direct result of the untimely passing of their loved one. By filing a successful claim, you may be able to recover financial compensation for:

  • Medical expenses incurred after the accident;

  • Funeral and burial expenses;

  • Loss of support and services;

  • Lost income and benefits;

  • Loss of companionship, guidance, and protection;

  • Mental anguish;

  • Pain and suffering; and

  • Loss of anticipated inheritances.


In certain scenarios, claimants may also recover punitive damages. Such damages are typically awarded if the defendant was intentionally trying to hurt the deceased or was being grossly negligent when the accident occurred.

Who May File a Wrongful Death Claim in Florida?

Under Florida law, the personal representative of the deceased’s estate is responsible for filing the wrongful death claim. If the deceased did not designate a representative in his or her will or died intestate, the court will appoint one.

Individuals who are entitled to the compensation that the personal representative recovers on behalf of the estate include the deceased’s surviving spouse and children. If the deceased was a minor, his or her parents may be entitled to compensation for pain and suffering.

Deadlines to Keep in Mind Regarding Florida Wrongful Death Claims

Typically, the personal representative has two years from the date of death—or the date on which the cause of death was discovered to be negligence—to file a formal suit against the liable party; however, there are exceptions to this statute, so it is essential to call an attorney as soon as possible. For example, there are strict notification requirements if the defendant is a city, county, or state government entity, and they vary depending on the circumstances that led to the death.

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