Understanding Florida Wrongful Death Claims
Losing a loved one unexpectedly is a devastating experience, especially when their death was caused by another person’s negligence or wrongdoing. In Florida, the law allows certain surviving family members to pursue financial compensation as well as justice via a wrongful death claim.
Whether the loss resulted from a car crash, medical malpractice, or a workplace accident, our Tampa wrongful death lawyer at Fulgencio Law can help guide grieving families through the legal process with compassion and clarity.
What Is Considered a Wrongful Death?
Under the Florida wrongful death statute, a wrongful death occurs when a person’s death is caused by the negligence, wrongful act, breach of contract, or default of contract of another party. In essence, if the deceased would have been able to file a lawsuit had they survived, then a wrongful death claim may be brought by their family or estate.
Common causes of wrongful death include:
- Motor vehicle accidents, including fatal pedestrian or motorcycle crashes
- Medical negligence or failure to diagnose a serious condition
- Unsafe premises or workplace hazards
- Defective products or dangerous drugs
Who Can File a Florida Wrongful Death Claim?
Florida law designates the executor of the deceased person’s estate as the party responsible for filing the claim. This representative may seek compensation on behalf of surviving relatives, which can include:
- Spouse, children, and parents of the deceased
- Any blood relatives or adoptive siblings who were financially dependent on the deceased
A fatal accident lawyer in Tampa can help determine who is eligible to recover damages and ensure all appropriate parties are included in the claim.
What Damages Can Be Recovered?
A wrongful death claim is intended to ease the financial burden on the family and compensate them for their loss. The types of damages that may be awarded include:
- Medical and funeral expenses
- Loss of the deceased’s income and future earnings
- Loss of companionship, guidance, and protection
- Emotional pain and suffering for surviving family members
In rare instances, courts may award punitive damages when the at-fault party’s behavior was particularly egregious, such as acting with gross negligence or intentional misconduct.
Time Limits for Filing a Claim
Florida imposes a strict deadline on wrongful death claims. According to the Florida wrongful death statute, the statute of limitations is generally two years from the date of death. Failing to file within this timeframe can permanently bar you from seeking compensation.
This is why it’s critical to contact a Tampa wrongful death lawyer as soon as possible. An attorney can ensure your case is filed on time, preserve essential evidence, and handle complex legal procedures while you focus on grieving and healing.
Contact a Wrongful Death Lawyer From Fulgencio Law
At Fulgencio Law, we understand that no amount of money can replace a loved one. But we also know that pursuing a wrongful death claim can bring closure, accountability, and financial relief during a difficult time. If you’ve lost someone in a preventable tragedy, let us help you seek justice.
Call Fulgencio Law at (813) 463-0123 today to speak with our compassionate and experienced Tampa wrongful death lawyer. Your consultation is free, and we’re here when you need us most.
