Damages You Can Claim In a Wrongful Death SuitTampa Bay Legal News
If you are thinking of filing a wrongful death claim after you lost a loved one in an accident that was the fault of a negligent party, you are probably wondering what types of damages you can file for in the state of Florida. The information regarding what you can obtain is found in the Florida Wrongful Death Act, Florida Statutes § 768.16. If you can show that the other party who you are filing your claim against was reckless or negligent in their actions which lead to the death of your loved one you will have a case. Putting together a case and proving wrongdoing by another party is best handled by a Tampa wrongful death attorney.
What Damages Are Allowed Under the Florida Wrongful Death Act
There are four things that must be proven in order for a successful wrongful death claim to move forward. Duty, breach of duty, damages, and causation are the standards used in both personal injury cases as well as wrongful death cases. If you are able to meet these standards, you have a case and a viable chance at recovering compensation for your loss.
According to the Florida Wrongful Death Act, survivors who are recognized are the spouse, children, parents, and for some situations, another relative who may have been dependant on the deceased may also qualify. If a father dies in an accident and there are children, the only way the children will qualify for damages is if they are his biological children or if he was legally bound to provide them support. The Act allows survivors to obtain reimbursement for costs such as:
- Final expenses and funeral
- Medical expenses that were required before the death
- Monies for loss of support and the services that were provided by the victim
- Additional damages can be awarded in specific situations, such as punitive costs if the accident was egregious
- A surviving spouse may be able to pursue loss of companionship as well as mental pain and suffering
Children are considered to be minors if they are under the age of 25. These youngsters also have the ability to pursue further compensation for the loss of their parents and all the benefits that parents provide their children. When there are deceased children, parents can pursue mental pain and suffering.
Discuss Your Wrongful Death Claim With A Florida Lawyer Today
The types of damages you can recover and the amount are dependent on a variety of factors. A Florida personal injury attorney at Fulgencio Law will be able to advise you on what you are entitled to and what you should pursue as a result of your accident.
There are deadlines that restrict when a victim’s family can file a wrongful death suit. It is important that if you are considering filing a wrongful death suit that you speak with a legal professional at Fulgencio Law immediately so you don’t miss your opportunity for legal justice. When you are ready to move forward with filing a claim, the Tampa serious injury attorneys at Fulgencio Law are here to help you. Call us today at (813) 463-0123.