Filing a Wrongful Death Lawsuit in Tampa: A Guide for Families
Losing a loved one is never easy, but when their death occurs as a result of someone else’s negligence or wrongful actions, the pain and grief can be overwhelming. In these tragic circumstances, families may be entitled to seek justice through a wrongful death lawsuit.
In Tampa, Florida, the legal process for filing a wrongful death claim can be complex, and understanding your rights is crucial in navigating the situation. Below is a guide to help you understand how wrongful death lawsuits work and how an experienced Florida wrongful death lawyer from Fulgencio Law can assist you during this challenging time.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim that seeks compensation for the survivors of a deceased person whose death was caused by someone else’s wrongful or negligent actions. In Florida, wrongful death claims can arise from various situations, including car accidents, medical malpractice, defective products, slips and falls, and even criminal acts.
Florida law allows surviving family members, such as spouses, children, and parents, to file a wrongful death lawsuit to seek damages for the emotional and financial hardships caused by their loved one’s death. These damages may include compensation for funeral and burial expenses, lost wages, loss of companionship, pain and suffering, and other related costs.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, the personal representative of the deceased person’s estate must file a wrongful death lawsuit on behalf of the surviving family members. The personal representative is usually named in the deceased person’s will or, if no will exists, is appointed by the court.
The personal representative can file the lawsuit on behalf of the deceased person’s surviving family members, including the spouse, children, parents (if the deceased is a minor), and, in some cases, siblings.
What Are the Grounds for a Wrongful Death Lawsuit?
To successfully file a wrongful death claim, there must be clear evidence that the deceased person’s death was caused by another party’s negligence, recklessness, or intentional harm. Some common causes of wrongful death in Florida include:
- Car and Truck Accidents: Accidents caused by reckless driving, speeding, driving under the influence, or distracted driving.
- Medical Malpractice: Negligent actions by doctors, nurses, or other healthcare professionals, such as surgical errors or failure to diagnose a condition.
- Product Liability: Defective or unsafe products that cause harm or death.
- Workplace Accidents: Fatal injuries resulting from unsafe working conditions or employer negligence.
- Premises Liability: Deaths caused by unsafe conditions on another person’s property, such as slip and falls or inadequate security.
What Damages Can You Recover in a Wrongful Death Lawsuit?
While no amount of money can bring back a loved one, a wrongful death lawsuit aims to compensate the survivors for their financial and emotional losses. Potential damages that may be awarded in a wrongful death claim include:
- Economic Damages: This includes funeral and burial expenses, medical bills related to the deceased’s final illness or injury, and loss of future wages or earning potential.
- Non-Economic Damages: This category compensates the survivors for the emotional pain and suffering caused by the death of their loved one, including loss of companionship, affection, and guidance.
- Punitive Damages: In cases of extreme negligence or intentional harm, the court may award punitive damages to punish the responsible party and deter similar conduct in the future.
Time Limits for Filing a Wrongful Death Lawsuit in Florida
It’s important to note that Florida law imposes a statute of limitations on wrongful death lawsuits. The time limit to file a wrongful death claim in Florida is generally two years from the date of death.
This means you must initiate legal action within two years, or you risk losing the right to seek compensation. Some cases may have exceptions, so it’s important to consult with an attorney as soon as possible to ensure your case is filed on time.
How Fulgencio Law Can Help
Filing a wrongful death lawsuit in Tampa can be a difficult and emotionally charged process. At Fulgencio Law, we understand the emotional toll that the loss of a loved one can have on your family. Our experienced wrongful death attorneys are dedicated to helping families navigate the legal process and secure the compensation they deserve.
If you believe that your loved one’s death was caused by someone else’s negligence, contact Fulgencio Law today. Our compassionate Florida wrongful death lawyers will review the details of your case, explain your legal options, and provide strong representation throughout the claims process. Call (813) 463-0123 for a free consultation, and let us help you seek justice for your loved one.
