Filing a Claim of Wrongful Death in Florida
Florida’s wrongful death laws ensure that someone who has wrongfully caused the death of another person will be brought to account for their malicious or careless actions.
The law allows the surviving members of a deceased’s family to collect fair financial recovery for the premature death of their loved one.
Florida law states that wrongful death is said to have occurred when a person dies due to someone’s negligence and/or unlawful actions, or the violation of a contract or warranty of another person. In these instances, certain individuals could be entitled to file a civil claim for wrongful death seeking damages.
Who Can File a Wrongful Death Claim in Florida?
In Florida, the personal representative of the estate of the deceased is able to file a wrongful death claim. The representative, and only the representative, may file on behalf of the surviving family members and the estate of the deceased.
The victim’s last will and testament is usually where they name their personal representative. If the deceased neglected to designate a representative, the court will appoint one for the purposes of the case.
Other persons may be able to seek damages for wrongful death provided they can prove at least some degree of dependency on the deceased at the time of their passing.
What Leads to a Florida Wrongful Death Claim
Actions that can lead to a valid wrongful death claim include but are not limited to:
- Car accidents where the non-liable party is killed
- Defective car parts and dangerous road hazards
- Deliberate criminal behavior
- Medical Malpractice
- Prescription drug error
A person is allowed to file a wrongful death claim in the state of Florida if a person’s illegal actions or negligent act caused someone else’s death.
Who Can Collect Damages in a Florida Wrongful Death Suit
Florida’s wrongful death laws outline the exact beneficiaries who may be awarded a settlement in a wrongful death suit. The claim must name all the deceased’s survivors who will benefit from any economic recovery.
Individuals who are entitled to collect damages in a wrongful death claim include:
- Any minor children of the deceased
- A surviving spouse of the deceased
- The estate of the deceased
- The parents of the deceased
Surviving family members of the deceased are able to recover damages for particular types of losses brought about by the death. The losses a certain survivor may recover 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.