How long do I have to file a wrongful death claim?
Two years from the date of death. Because the process requires probate proceedings, investigation, and expert analysis, contacting an attorney well before the deadline is essential.
What makes bus accident claims more complex than car accident claims?
Bus accident claims frequently involve government entities with sovereign immunity protections, mandatory pre-suit notice requirements, statutory damage caps, and shorter filing deadlines. Multiple liable parties with layered insurance, the common carrier duty of care, and the unique dynamics of unrestrained passengers inside a large vehicle all add complexity that does not exist in standard car […]
What damages are available?
Damages include funeral and burial expenses, medical costs before death, lost future earnings, loss of companionship and guidance, and mental pain and suffering for qualifying survivors. The specific damages available depend on the survivor’s relationship to the deceased.
Which family members can recover damages?
The surviving spouse, minor children, parents of a deceased minor, and each person who was dependent on the deceased for support may recover damages under Florida’s Wrongful Death Act. Each category of survivor is entitled to specific types of damages.
Who can file a wrongful death lawsuit in Florida?
The personal representative of the deceased person’s estate files the lawsuit on behalf of the estate and surviving family members. The representative is typically named in the will or appointed by the probate court.
Can I sue for a jet ski or personal watercraft accident?
Yes. Jet ski and personal watercraft accidents are treated similarly to other boating accidents under Florida law. Operators owe a duty of care to other waterway users, and negligent jet ski operators can be held liable for the injuries they cause. Rental companies that provide jet skis to inexperienced riders without proper instruction or safety […]
How long do I have to file a boating accident claim in Florida?
The deadline depends on whether state or federal law governs your claim. Florida personal injury claims generally have a two-year statute of limitations. Federal maritime personal injury claims generally carry a three-year statute of limitations. Wrongful death claims may have different deadlines under each system. Determining which framework applies requires legal analysis that should be […]
Who can be held liable for a boating accident?
Potentially liable parties include the boat operator for negligent operation, the boat owner under Florida’s dangerous instrumentality doctrine, rental and charter companies for providing unsafe vessels or inadequate instruction, marina operators for unsafe docking conditions, maintenance providers for defective repairs, and boat or parts manufacturers for design or manufacturing defects.
What laws apply to a boating accident in Stuart?
Depending on where the accident occurred and the circumstances involved, Florida state negligence law, federal maritime law, Coast Guard regulations, and FWC rules may all apply. The jurisdictional analysis determines which court hears the case, which legal standards govern liability, and which remedies are available to the injured victim.
Does Florida require boat owners to carry insurance?
No. Unlike motor vehicles, Florida does not require recreational boat owners to carry bodily injury liability insurance. This means the person who caused your accident may have no insurance at all. Recovery may come from the operator’s personal assets, their homeowners’ or umbrella insurance policies, commercial policies when a rental or charter company is involved, […]
