When a loved one passes due to the negligent behaviour or misconduct of certain parties, the grief can be heavy. But so is the need to hold the liable people accountable. A wrongful death claim is a legal way for the survivors of the deceased to seek justice. It’s not just about compensation but accountability.
In this article, you will learn about the rules surrounding filing a wrongful death claim in Florida.
What Is a Wrongful Death Claim?
Under Florida law, a wrongful death claim allows the surviving family members to seek compensation when the death occurs due to the wrongful act i.e. negligence, default or breach of contract or warranty of other people. The law gives that right to the estate or surviving relatives of the deceased person to file the claim.
It is usually filed following tragic events such as car or truck accidents, medical errors or surgical mistakes, workplace incidents or unsafe job conditions and more. It’s different from a personal injury case in which the injured person files for damages.
If you’re unsure whether your situation qualifies, speaking with a personal injury lawyer can help you understand your rights and what comes next.
Who Can File a Wrongful Death Claim in Florida?
This is one of the first questions families ask and it matters as not everyone is legally allowed to file. In Florida, the person who files the claim is known as the personal representative. It is usually someone named in the deceased person’s will or appointed by the court.
They file the claim on behalf of the surviving family members and the estate. Spouses, children, parents, any blood relative or adoptive sibling of the deceased often are the people who benefit from the claim. These are entitled to compensation, as per the circumstances.
For instance, when a Tampa family lost their father in a tragic car accident caused by a negligent driver, a Tampa wrongful death lawyer helped them secure justice and financial support for their future. The legalities can get complicated, especially when multiple parties are involved or when there’s no will in place.
That is when strong legal representation matters. A wrongful death lawyer can help you navigate the legal process and protect your rights.
What Damages Can Be Recovered?
When a wrongful death claim is filed in Florida, it is also about helping the family recover from the financial and emotional impact of the loss of the loved one. Your lawyer can file a wrongful death claim seeking:
1) Economic Damages
These are the measurable losses. They include lost income and benefits the deceased would have earned, medical expenses related to the final injury or illness, funeral and burial costs, loss of services and support the deceased provided to the household. Though not realised initially, these costs can be big, especially in cases where the person lost was the primary earner of the household.
2) Non-Economic Damages
The non-economic damages are abstract and harder to measure. But they are just as real. These include the emotional pain and suffering the surviving family members go through. The loss of companionship, guidance, instruction and support, mental anguish experienced on the part of spouses, children or parents – all are the damages that impact the lives of the deceased. Florida law recognizes that grief has weight, even if it doesn’t come with a receipt.
How a Wrongful Death Lawyer Can Help
Dealing with legalities regarding the wrongful death claim while grieving your loss can be overwhelming and tough. It is easy to feel helpless while figuring out the legal system. Having an experienced Wrongful Death Lawyer by your side can make a world of difference.
A trusted wrongful death lawyer can help you with:
- An initial evaluation of your case to determine the best course of action.
- Timely filing of all necessary documents and paperwork that are legally required
- Independent investigation of the claim
- Assessing what compensation is appropriate for you
- Negotiating with insurance companies
- Preparation for trial proceedings when you don’t reach a settlement
Your lawyer starts with a full case evaluation. Once the case is underway, they get to work gathering evidence. This could include police reports, medical records, witness statements and expert testimony from accident reconstructionists or medical professionals.
Choosing the Right Personal Injury Law Firm
When you’re dealing with something as personal as a wrongful death claim, you want more than just credentials. You need a law firm with a proven track record with real case results, strong client reviews that speak to trust and compassion and experience in handling wrongful death claims in Florida
Conclusion
Losing someone is hard enough. Navigating the legal side of it should not add more stress. If you believe your loved one’s death could have been prevented, don’t wait. Hire a reliable and professional personal injury law firm to take care of the legalities for you.
Speak with a trusted Wrongful Death Lawyer to receive legal support in this time of turmoil.
