Understanding The Basics Of Florida Wrongful Death ClaimsTampa Bay Legal News
The needless loss of a loved one to an accident is a tragedy that is difficult for anyone to work through and cope with. When you have lost a family member due to the negligence of another, you may be entitled to file a wrongful death claim to help you with their final expense and recoup compensation for that loss. If you believe your loved one suffered the loss of their life due to another’s negligence, talking to a Tampa wrongful death attorney can help you determine the validity and strength of your case. These professionals know the laws of wrongful death in Florida and they can examine your case, as well as provide with valuable feedback and guidance.
Who Can File A Wrongful Death Claim In Florida?
Wrongful death is much different than murder, homicide, or manslaughter. The way it is litigated is through a civil court, not a criminal court. When an individual loses their life, it can be a highly complicated process for seeking justice due to the many laws and codes that exist. In the state of Florida, there are a select few people that are eligible to file a wrongful death claim on behalf of their lost loved one. These people include:
- A surviving spouse
- Close relatives who obtained financial support for their lives from the descendant, such as siblings, grandparents, or grandchildren
Damages that Can Be Recovered
The defendant will likely not see jail time because a wrongful death litigated in a civil court will result mainly in financial compensation to help with:
- Final expenses
- Recoup lost wages
- Compensation for emotional distress
- Loss of consortium or companionship, especially for spouses
- Pain and suffering
Children who are under the age of 25 can seek compensation for financial support if they have lost a parental figure. and they also can seek compensation for the mental anguish they suffer. The most common outcome is that a group of people, siblings or a family, will seek damages for the death of their loved one. In these cases, it isn’t each separate individual that will obtain their settlement, but rather, a full settlement on behalf of the estate will be granted.
The settlement is often distributed through a personal representative of the estate who has been given fiduciary duty. This individual is one who will not profit or make any money off the transaction so that they can remain impartial and ethical in their role. By definition, a person who is granted fiduciary duty is one that that will act to benefit another party, most often in a financial manner.
Florida Wrongful Death Attorneys
No amount of money can help alleviate the pain of losing a loved one tragically by accident. It is unthinkable and overwhelming for victims. The lawyers at Fulgencio Law have an immense amount of compassion for those who are put in grievous situations. When you have lost your loved one, you have rights that deserve to be recognized and protected. The Tampa personal injury lawyers at Fulgencio Law will fight to hold those parties responsible for your loss and aggressively seek the highest amount of compensation on your behalf.
You don’t have to face this challenge alone, especially while you are in pain. Call one of our Tampa wrongful death attorneys at Fulgencio Law so we can discuss the details of your situation. One of our effective personal injury attorneys is here to talk with you today at (813) 463-0123.