Understanding Wrongful Death Claims in FloridaTampa Bay Legal News
When someone suffers physical bodily harm by another party’s negligence, they may be able to file a personal injury claim to recover compensation for their damages. However, when that injured person dies, they are obviously no longer here to file that claim. In these tragic situations, it is the deceased individual’s estate that can file a wrongful death suit in Florida.
The loss of a loved one is never easy. Taking legal action during a time of mourning can be difficult, but surviving family members have the right to the compensation they are owed for the loss they suffered. For more information on the wrongful death claims process in Florida or to file a claim, the Tampa wrongful death attorneys at Fulgencio Law provide experienced and compassionate legal guidance and support.
Filing a Florida Wrongful Death Suit
A wrongful death is considered to be a situation where an entity or a person engages in a wrongful act, negligence, default, or breach of contract or warranty, and this results in the death of another person.
Similar to personal injury events, wrongful death incidents can happen in a variety of ways. For instance, a slip and fall accident, a medical malpractice experience, or a car accident can all be caused by negligent acts and be deadly. The individual that dies in the wrongful death accident is, in legal terms, called the decedent.
Each state in the country has its own rules for how to file civil actions like personal injury or wrongful death suits. Florida law dictates that a personal representative, or an executor, of the decedent’s estate, has the right to file a wrongful death suit for financial compensation. The wrongful death action must include the decedent’s beneficiaries, or those individuals who are designated and eligible to receive the compensatory damages from the suit. Both family and the decedent’s estate can obtain damages.
As a civil action, in a wrongful death suit, it is necessary to prove negligence on the part of the party or entity being sued. The standard for liability is by a preponderance of the evidence. In other words, there is a good likelihood that the party or entity being sued caused the victim’s death.
All civil suits have a statute of limitations. This is the length of time that a victim has to file a claim for compensation. Florida’s wrongful death statute of limitations is two years from when the decedent died. Loved ones left behind may not want to think about taking legal action when a death happens, but it is important to understand that failing to file a suit before the statute of limitations has ended can mean that there is no ability to recover the compensation that they are owed.
Speak to an Attorney at Fulgencio Law Today
Due to the complexity that exists when filing a wrongful death suit, it can be advantageous for families to consult with an experienced attorney. If you would like more information on Florida wrongful death suits, please call a Tampa wrongful death lawyer at Fulgenio Law at (813) 463-0123 to schedule your free consultation.