What is a wrongful death claim?

A wrongful death claim alleges that someone's negligence or recklessness caused the victim's death. Each individual state has a "wrongful death" statute to allow certain survivors to bring this type of claim.

What are the elements of a wrongful death claim?

Generally, a wrongful death occurs when a death is caused, in whole or in part, by the conduct of a negligent or reckless third party.

Who can file a wrongful death claim?

Although the exact category of people allowed to bring such a claim varies, generally the decedent's spouse and/or children may bring these claims.

When must a wrongful death claim be filed?

Each state has its own time limit, or "statute of limitation," that defines the time frame during which a wrongful death lawsuit may be filed. In Florida the statute of limitation, for a wrongful death claim, is generally two years. A claim, even a valid claim, may be (and usually is) denied by the courts if it is filed after the statute of limitations has run.