Understanding Wrongful Death Claims in Florida

When a careless act of misconduct takes a life, those left behind may wonder what they can do to obtain justice for their loss. In Florida, negligent individuals whose actions lead to death may be held accountable through a wrongful death claim. In a wrongful death claim, the victim’s estate can take on the legal pursuit against the negligent party who caused the fatal incident for financial compensation.

Civil laws regarding one’s rights and ability to obtain compensation can be complicated. After the unexpected loss of a loved one, emotions can make thinking clearly very difficult. With the help of an experienced legal professional, grieving loved ones can get a greater understanding of what options they have and what they can do to take action and secure the damages they are entitled to. 

For assistance with a wrongful death claim in Florida, you are welcome to call a Tampa wrongful death attorney at Fulgencio Law.

Filing a Florida Wrongful Death Claim

In the Florida wrongful death act, the personal representative of the deceased’s estate can pursue a case against an individual who caused the wrongful death. When a wrongful act is the reason for the loss of life, negligence, or breach of contract a lawsuit can be filed in civil court for financial damages. 

A personal representative would be the individual that the deceased named in their will. However, not everyone has end-of-life documents like a will and so in some situations, there may not be a personal representative. When this happens a surviving spouse or another qualified family member can file a suit. Damages recovered are for the benefit of the surviving family members of the deceased or their estate.

Damages from a wrongful death suit can include:

• Personal pain and suffering of the family members.
• Loss of companionship.
• Loss of support and services.
• Medical bills.
• Funeral expenses.
• Lost earnings that the deceased would have likely earned if they were still alive.
• Lost value of investments or income the deceased’s estate would have amassed if they were still alive.

There is only a limited amount of time to file a wrongful death suit in Florida. This period of time is called hte statute of limitations. With some exceptions, the Florida wrongful death statute of limitations is generally two years from when a loved one dies.

Successful wrongful death claims will prove the following elements to be true:

• The defendant engaged in reckless or negligent misconduct. 
• If the victim survived they would have been able to bring about a personal injury suit against the defendant.
• Either a personal representative or surviving family member of the deceased’s estate exists.
• The careless actions of the defendant caused the wrongful death event which led to financial losses for the deceased’s estate or their surviving family members.

Speak to Fulgencio Law Today

It can be incredibly difficult to think about legal remedies that may exist after the loss of a loved one. However, family members who suffered damages have rights and the ability to recover compensation from the negligent party that caused their grief and losses.

For questions about wrongful death in Florida or for help filing a claim, please reach out and call (813) 463-0123 to speak with an attorney at Fulgencio Law during a free consultation.