During the early 2000s, Tort reforms passed limited non-economic damages in medical malpractice cases at $500,000 and $1 million for wrongful death per plaintiff, according to The Florida Bar. In 2015, after Austin and his friend Perry disappeared at sea, Blu Stephanos set out to search for his son. Based on the wrongful death lawsuit filed in 2017, Stephanos and Carly Black, Austin’s mother, are accused of multiple acts of negligence for the teens’ disappearance. One of them included that Carly Black violated Cohen’s orders of not allowing Perry to go offshore without adult supervision.
After a bitter court battle between the families, a judge ruled that Stephanos isn’t liable for the teens’ wrongful death, but rather displayed poor judgment. So, in addition to finding a good wrongful death attorney, how should one handle a wrongful death lawsuit? Here are critical things to remember when filing for a wrongful death claim.
Understand Statutes of Limitations
Ideally, statutes of limitations restrict when you should submit a claim for wrongful death. For example, in Florida, plaintiffs have two years to file a suit for wrongful death because the region has a two-year statute of limitations. Like any other part of the law, understanding statutes of limitations can be tricky for anyone without legal expertise.
That is why it is important to consult a team of wrongful death attornies before taking any action. A specialized lawyer will help you understand important deadlines related to your case to ensure you don’t lose your legal right to sue the responsible parties.
Prepare for Litigation
Preparing for a wrongful death lawsuit or pre-litigation entails various activities like finding out if you’re eligible to submit a claim. Remember, only specific individuals, especially a representative of the deceased’s estate, can take action. It is also advisable to determine if your suit is applicable. In most cases, people file wrongful death claims if a deceased person died because of medical malpractice, accident, or murder.
Nothing can ease the anguish of losing a loved one due to another person’s negligence or wrongful act. However, you can obtain financial settlement if the death of a loved one was due to negligence. Filing a wrongful death claim will not take away the pain, but it will help you secure compensation for medical and burial expenses, lost wages, and trauma caused by the accident.