A wrongful death claim exists when someone dies as a result of the negligence of another party. Fatal injuries occur frequently in car crashes, motorcycle and truck accidents, medical negligence, and product liability claims. These cases differ from other injury cases because they are governed by the Florida wrongful death statute. The wrongful death statute specifically provides who is entitled to receive compensation, as well as the types of damages which may be recovered.There are several distinguishing factors about death claims. First, in Florida, there is a much shorter time within which a death claim must be filed, generally within two years of the date of death. Normal injury claims in Florida, other than medical negligence, must be brought within a period of four years. The period of time within which a claim must be brought is referred to as the statute of limitations.Second, death claims are pursued by a personal representative appointed by the court on behalf of all beneficiaries of the decedent’s estate. There may be several people with the right to pursue claims when someone dies, such as: both parents of a surviving minor child, even though they are divorced; […]

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