Understanding Wrongful Death Claims in Florida: A Guide for Families

When the negligent actions by one party result in the death of another in Florida, loved ones who are left behind may be able to file a civil suit for financial compensation. Wrongful death claims are civil actions that are meant to compensate loved ones for the damages that were suffered after their loss.

There are specific rules that govern how to file a Florida wrongful death claim. Due to the complexities that exist with such a legal action, it can be helpful to file a claim with the assistance of an attorney. The Tampa wrongful death attorneys at Fulgencio Law have the experience and resources to help you get the most from your claim. An attorney at Fulgencio Law can negotiate with the insurance, gather evidence and build your claim, represent you in court, and protect your interests throughout every step of the wrongful death claims process.

Filing a Florida Wrongful Death Claim

Wrongful death claims are different from homicide or manslaughter cases. Wrongful death claims are civil actions while murder is a criminal act. The purpose of a wrongful death claim is to obtain financial compensation for losses while criminal cases are meant to be punishment for unlawful activity.

Surviving family members who lose a loved one due to a wrongful act, negligence, or a breach of contract may file a lawsuit to recover monetary compensation. The statute of limitations for a Florida wrongful death claim is only two years. Considering these legal actions can be complicated and there can also be issues that can arise during the process, connecting with an attorney to begin soon after a loved one is lost is essential.

Typically, a personal representative of the deceased’s estate can initiate the initial complaint. When no one is named in an estate, the court can choose a representative. The representative will file the wrongful death claim on behalf of the family of the deceased. This may include a surviving spouse, surviving children, surviving parents of the deceased, and other surviving relatives who depend on the deceased financially.

It is critical to prove that you are an eligible party entitled to file a claim. This can be challenging in some situations. For example, common law marriages, divorce, adopted children, etc. can all make the process more difficult. An attorney who understands the process and what needs to be done, though, can navigate the nuances of securing compensation through a wrongful death claim.

A claim can recover compensation for damages that include, but are not limited to, the following:

• Funeral expenses and final expenses
• Medical bills
• Lost wages and benefits that would have been received if the deceased had not died
• Emotional and mental suffering
• Loss of protection and companionship

Call Fulgencio Law Today

Filing a Florida wrongful death claim can be extremely complex especially when family members are also mourning a loss at the same time the legal process is moving forward. An attorney can manage a wrongful death claim and assist qualified family members get the total amount of compensation they deserve.

Please call Fulgencio Law today at (813) 463-0123 to schedule a free consultation with a Tampa wrongful death attorney.