Understanding Florida Wrongful Death Lawsuits
Local 10 News recently reported that the family of a Cornell University student from South Florida who died last year after a fraternity rush party has filed a lawsuit against the Ivy League school. The lawsuit, which alleges wrongful death among other claims, is centered on the allegation that the university was negligent in its duties to enforce its policies regarding frat parties and hazing that contributed to the death of the 18-year-old freshman. According to the lawsuit, the young man was one of 35 other freshmen invited to attend a rush party at the Phi Kappa Psi frat house last fall at which the freshmen were pressured to consume large amounts of alcohol. The young man reportedly became intoxicated before he disappeared. Sadly, his body was discovered two days later at the bottom of Fall Creek gorge in Ithaca, New York.
Unfortunately, this family is now left grieving the unexpected loss of their young son. Additionally, they have understandably opted to file a wrongful death lawsuit as a result of his tragic death because they believe that his loss was the result of negligence.
What is a Wrongful Death Lawsuit?
Losing a loved one is always painful, but this loss is especially tragic when it is unexpected and due to the actions of someone else. And while fraternities have come under fire in recent years for a number of pledge deaths and injuries due to hazing, wrongful death lawsuits are actually applicable in a wide variety of circumstances.
Here in Florida, wrongful death claims are pursued when the death of an individual is caused by the negligence of another party. Though a lawsuit, even when successful, is not a remedy for grief, it can help ensure that the family members who are left behind with expenses such as funeral costs and medical bills are able to fulfill their financial obligations.
Who Can Sue?
When it comes to who may claim monetary compensation for these kinds of losses, only certain family members have this legal right. This includes the spouse, children, and parents of the deceased, as well as other blood relatives in certain circumstances as the situation allows.
What is the Wrongful Death Statute of Limitations in Florida?
The time allotted to begin a wrongful death claim is two years from the date of death. While this time limit can be “tolled,” or postponed under certain circumstances, this is not common. If you have concerns about complying with time requirements, you should speak to an experienced personal injury attorney about your unique situation as soon as possible.
Lean On Us During This Difficult Time.
After the death of a loved one, you are likely facing a range of emotions you don’t know how to deal with. In addition to the unexpected loss of someone you cared for, you are likely also facing unexpected expenses. This kind of already-tragic situation is even more frustrating when you suspect that your loved one has only been taken from you because of someone else’s negligent actions. As the South Florida wrongful death attorneys at Leifer & Ramirez, we understand the ins and outs of wrongful death cases to make the process as easy as possible for you and your family. Reach out to us for help when you are ready to begin.