Losing a loved one in a workplace accident is tragic and devastating. Not only do you have to cope with the loss of a family member or friend, but you may also be facing financial hardships as a result of their death. Fortunately, in Florida, you may be able to file a workplace death lawsuit to receive compensation for your losses. In this article, we will discuss how to file a workplace death lawsuit in Florida.
What is a Workplace Death Lawsuit?
A workplace death lawsuit, also known as a wrongful death lawsuit, is a civil lawsuit that is filed by the surviving family members of someone who died as a result of a workplace accident. The purpose of the lawsuit is to hold the responsible party accountable for their negligence and to recover damages for the losses incurred by the family members of the deceased.
Who Can File a Workplace Death Lawsuit in Florida?
In Florida, the following individuals are eligible to file a workplace death lawsuit:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased, if the deceased had no spouse or children
- Any other relative or adoptive sibling who was dependent on the deceased for support or services
If the deceased did not have any surviving family members, the personal representative of the deceased’s estate might file a lawsuit.
What Damages Can You Recover in a Workplace Death Lawsuit?
If you file a workplace death lawsuit in Florida, you may be able to recover the following damages:
- Funeral and burial expenses;
- Medical expenses related to the deceased’s final illness or injury;
- Loss of income and benefits that the deceased would have earned had they survived;
- Loss of support and services that the deceased would have provided to their family members;
- Loss of companionship, guidance, and protection; and/or
- Mental pain and suffering
How to File a Workplace Death Lawsuit in Florida?
If you have decided to file a workplace death lawsuit in Florida, you should follow these steps:
- Hire an experienced Florida attorney: Filing a workplace death lawsuit can be a complex and emotional process. You should consider hiring an experienced attorney who specializes in wrongful death cases to guide you through the process and help you get the compensation you deserve.
- Investigate the workplace accident: Your attorney will conduct a thorough investigation of the accident to determine who was responsible for the death of your loved one. This may involve reviewing accident reports, interviewing witnesses, and consulting with experts.
- Determine who is liable: Your attorney will help you determine who is liable for your loved one’s death. This may include the employer, a co-worker, or a third-party contractor.
- File a claim: Before filing a lawsuit, your attorney will file a claim with the responsible party’s insurance company. The claim will outline the damages you are seeking and the evidence that supports your claim.
- Negotiate a settlement: The insurance company may offer a settlement to resolve the claim. Your attorney will negotiate on your behalf to ensure that you receive just monetary compensation for your losses.
- File a lawsuit: If a fair settlement cannot be reached, your Florida Wrongful Death Attorney will file a lawsuit on your behalf. The lawsuit will outline the damages you are seeking and the evidence that supports your claim.
- Attend mediation: Before going to trial, the parties may be required to attend mediation to attempt to reach a settlement. Your attorney will represent you during the mediation process.
- Go to trial: If a settlement cannot be reached, your case will go to trial. Your attorney will present your case to a judge or jury, and they will determine the amount of compensation that you and your family are entitled to receive.
It is very important to understand that there is a deadline (statute of limitations) for filing a workplace death lawsuit in Florida. In Florida, you have two years from the date of your loved one’s death to file a wrongful death action.
Filing a workplace death lawsuit in Florida is a difficult and emotional process. It is important to have an experienced Florida Wrongful Death Attorney on your side who can help your family obtain the economic compensation that your family deserves. If you have lost a loved one in a Florida workplace accident, you should speak with an attorney as soon as possible to ensure that you file your suit within Florida’s statute of limitations and to maximize your chances of success.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
If you lost a loved one in a workplace accident, you have the right to seek justice and compensation for your losses. The experienced attorneys at Parker Waichman LLP are here to help you navigate the complex legal process of filing a workplace death lawsuit in Florida. With years of experience and a proven track record of success, our attorneys have the skills and expertise to help you get the compensation you deserve.
Please do not wait to seek legal representation. The statute of limitations for filing a lawsuit is limited by Florida law. Call Parker Waichman LLP today at 1-800-YOUR-LAWYER (1-800-968-7529) to schedule a free, no-obligation consultation with one of our attorneys. Our toll-free number is available 24/7, so you can call us anytime, day or night. We are here to answer your questions, listen to your concerns, and help your family receive the justice and financial compensation.
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