Wrongful Death

Mom cries and hugs the child. The boy hugs his mother family values sad expression frustration resentment. Caring for the child grief in the family.

Innocent lives are lost every year, in Florida and the U.S., in motor vehicle accidents, motorcycle accidents, workplace accidents, as a result of medical malpractice, in accidental shootings or on an unsafe property. If one of these settings describes your family’s tragic situation,€” or if wrongful death was caused by drowning, a boating or cruise ship accident, a train crash or airplane crash, or due to negligent security our dedicated attorneys can help.

Certain states have statutes stipulating that the right to bring a lawsuit in the event of wrongful death is “fundamental”, meaning, a right and not a privilege to the family of the victim and would begin at the time of death. Florida, however, is not one of those states. Our Board Certified attorneys are well versed in the statutes within the state of Florida and we welcome any questions our clients have.

Wrongful death is known to attorneys as a “derivative action”; the action arises due to a personal injury event that takes place alongside the death. In some instances, the derivative action may be time sensitive. This may occur because the deceased did not bring a personal injury action in accordance to the statute of limitations in the state in which he or she resided prior to death. Furthermore, this stance can be applied because the decedent failed to bring a personal injury claim or exceeded the statute of limitations when they attempted to do so.

Each state differs on their statute of limitations regarding personal injury, but there are inherent differences between the statute of limitations surrounding personal injury and the statute of limitations surrounding a wrongful death. The state of Florida has clearly defined their statute of limitations in regard to wrongful death on their website.

Wrongful Death Actions: Before the Clock Starts Ticking, this is What You Need to Know

By Shaked Law Firm | April 25, 2018

Every action filed in a court of law is subject to strict guidelines that vary from state to state. The statute of limitations on any legal action is in place to prevent misuse of the courts time and resources. The time limit is strictly enforced to discourage frivolous lawsuits years after the accident or injury occurred. This is especially true in the case of wrongful death actions.

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Everything You Need to Know About a Wrongful Death Lawsuit, Part 1

By Shaked Law Firm | April 19, 2018

Within the scope of a wrongful death lawsuit lies a nuanced approach to collecting damages. While a family can never put a dollar amount on the loss of a loved one, and shouldn’t have to, there are still financial burdens that must be dealt with after death. For this reason, it’s important to obtain board certified legal counsel to help navigate both the judicial and financial aspects of a wrongful death lawsuit.

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