What You Need to Know About Filing a Wrongful Death Claim in Florida
Losing a loved one unexpectedly is a life-changing tragedy, especially when someone else’s negligence causes their death. Whether the fatal incident was a car crash on I-275 near Tampa, a boating accident in Hillsborough Bay, or a medical error at Tampa General Hospital, surviving family members may be entitled to pursue justice through a wrongful death lawsuit in Florida.
Understanding the legal process, eligibility to file, and the types of compensation available can help you take the necessary steps forward during a difficult time, so schedule your free consultation with a Florida wrongful death lawyer from Fulgencio Law today.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by the family or estate of someone who died due to another person’s or entity’s negligence, recklessness, or intentional misconduct. In Florida, these claims are governed by the Florida Wrongful Death Act. The law allows survivors to seek fatal crash compensation and other damages when a wrongful act results in death—similar to what the deceased could have recovered had they survived.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, only the personal representative of the deceased’s estate can file the wrongful death claim. However, the lawsuit is filed on behalf of the deceased person’s survivors, which may include:
- Spouse, children, or parents of the deceased
- Blood relatives or adoptive siblings who depended on the deceased for support or services
If the decedent had a will or estate plan, it likely names a personal representative. If not, the court can appoint someone to serve in that role.
Common Causes of Wrongful Death in Florida
From the busy streets of downtown Tampa to the high-speed lanes of I-75, wrongful deaths occur in a variety of tragic situations. Some of the most common causes include:
- Car accidents and motorcycle crashes
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts (e.g., assault or DUI-related collisions)
Tampa’s high population density and heavy traffic near landmarks like Raymond James Stadium or Tampa International Airport can increase the risk of fatal accidents, especially during peak travel seasons.
Florida Death Damages: What Can Be Recovered?
If your wrongful death lawsuit is successful, Florida law allows for both economic and non-economic damages, often referred to collectively as Florida death damages. These may include:
- Medical and funeral expenses related to the decedent’s final injury or illness
- Loss of financial support and services the deceased would have provided
- Loss of companionship, guidance, and protection
- Mental and emotional pain and suffering (available for certain survivors like parents of a deceased minor child)
In some rare cases involving gross negligence or intentional harm, punitive damages may also be awarded.
How Long Do You Have to File a Claim?
Florida’s statute of limitations for wrongful death claims is two years from the date of the individual’s death. If you miss this deadline, you could lose your right to pursue any compensation. This is why it’s critical to consult with a Florida wrongful death lawyer as soon as possible to begin the legal process.
Why Legal Guidance Matters
Filing a wrongful death lawsuit in Florida is not only emotionally taxing, it’s also legally complex. Building a strong case requires:
- Proving negligence or intentional misconduct
- Collecting evidence (such as police reports, medical records, and witness testimony)
- Calculating damages in line with Florida’s legal standards
- Negotiating with insurance companies or representing the family at trial
Working with an experienced attorney can ensure no crucial steps are missed and that your family’s rights are fully protected.
Call a Florida Wrongful Death Lawyer from Fulgencio Law
If you’ve lost a loved one due to someone else’s negligence, you deserve justice and accountability. Our compassionate Florida wrongful death lawyer can help guide you through the legal process and fight for the compensation your family deserves. Call Fulgencio Law today at (813) 463-0123 for a free consultation.
