An Overview of Florida’s Wrongful Death Statute
The wrongful death statute in the state of Florida guarantees that someone who has wrongfully brought about the death of another person will be held responsible for their careless or malicious actions.
State law makes sure that the surviving family members of a deceased individual obtain full and fair financial compensation for the untimely death of their loved one.
According to Florida law, a wrongful death has occurred anytime someone is killed due to the illegal actions, negligence, or violation of a warranty or contract of another person. In these cases, certain people may be entitled to file a civil suit for wrongful death seeking monetary damages.
Who Can File a Wrongful Death Claim in Florida?
In Florida, the personal representative of the deceased person is allowed to file a wrongful death suit. The representative, and only the representative, may act on behalf of the decedent’s survivors and their estate.
The will or testament of the deceased is typically where the personal representative is designated. In the event that the deceased failed to appoint a representative, the court will designate one for the purposes of the claim.
Other individuals might be able to collect damages for wrongful death provided that they can establish at least a partial dependency on the deceased at the time of their death.
Common Kinds of Florida Wrongful Death Claims
Common types of wrongful death suits include but are not limited to:
- Car accidents ending in a fatality
- Unsafe roadways and faulty vehicles
- Medical malpractice
- Deliberate criminal behavior
A person is permitted to file a wrongful death suit in the state of Florida any time a person’s unlawful behavior or negligence act causes the death of another person.
Damages Allowed in Florida Wrongful Death Suits
Florida’s wrongful death statute outlines the specific beneficiaries who can be awarded from a wrongful death suit. The claim has to name all survivors of the deceased who are going to benefit from any financial compensation.
People who are allowed to receive damages from a wrongful death suit include:
- The estate of the deceased
- A surviving spouse of the deceased
- Any minor children of the deceased
- The parents of the deceased
Survivors of the deceased can recover damages for specific kinds of injury caused by the death. The damages a specific survivor is allowed to collect will depend on their relationship with the deceased.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.
