The death of a loved one can be quite devastating when it occurs as a result of the negligence of another person or party. When you have lost a loved one due to someone else’s fault, Florida law allows you to claim compensation from the responsible party. Just imagine how much you may have to suffer as a result of losing the breadwinner in your family! Apart from the grief of losing your loved one, you also need to think about your financial future. That’s why you need to file a wrongful death claim to obtain maximum compensation from the responsible party.
An experienced Tampa wrongful death lawyer can help you build a strong case and obtain maximum benefits for your damages. Tampa has its own share of wrongful death lawyers, but all of these professionals are not created the same. You should pick the best wrongful death attorney to handle your case and negotiate with the insurance company of the responsible party. Florida Lawyers 360 is your trusted partner in Tampa FL for your wrongful death lawsuit.
Our expert team of personal injury lawyers will always treat your personal injury case as though it’s the most important in the world because you are important to us. You are not just a number with Florida Lawyers 360 since we treat you like a real person. Call Florida Lawyers 360 today at (954) 448-7355 to handle your wrongful death case in Tampa FL and obtain maximum compensation for your loss.
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How is Wrongful Death Defined in the State of Florida?
When someone is killed or dies due to another person’s negligence, it’s defined as a “wrongful death” in Florida. The surviving family of the deceased can file a personal injury case to claim compensation from the responsible party or person. But there are many factors that need to be proved by the plaintiff for someone to be liable in a wrongful death case. There are different types of wrongful deaths such as accidents, criminal behavior, exposure to hazardous conditions on the job, and medical malpractice.
Who is Qualified to File A Wrongful Death Claim in Florida?
There are two categories of plaintiffs who are eligible to claim damages from the responsible party in a wrongful death case. When a person dies, he or she leaves behind his/her estate – which is everything he/she owns at the time of the death. The personal representative of the estate is the first category of plaintiffs who can file a claim under the wrongful death statute in Florida. The estate representative can bring the case on behalf of the survivors of the deceased.
The second category of plaintiffs who can bring a wrongful death lawsuit against the responsible party is the survivors of the deceased. Survivors are entitled to higher settlements compared to the representative of the estate. On the other hand, one of the survivors can be the representative of the deceased’s estate. Survivors include the spouse, children, parents, and brothers/sisters who are at least partially dependent on the deceased for support. Children of any age are allowed to recover damages for the loss of parental guidance in Tampa, Florida.
What Types of Damages are Recoverable?
Wrongful death law in Florida allows the surviving family members of the deceased to claim damages for economic and emotional support. These damages are known as compensatory damages and may include loss of income, medical expenses, funeral expenses, loss of companionship, loss of guidance, mental pain and suffering, loss of protection, and loss of companionship. Compensatory damages are divided into two categories such as economic and non-economic damages.
Economic damages are the ones that are easy to calculate, and non-economic damages are the ones that are difficult to calculate such as mental distress, pain, and suffering. A Florida court may decide to award punitive damages to the survivors of the deceased if the responsible party’s actions were negligent or reckless. In fact, punitive damages are intended to punish the reckless behavior of the responsible party. It also helps discourage similar acts by others in the future.
Can the Surviving Family File for Punitive Damages?
Yes, punitive damages are a type of monetary compensation awarded when it is proven that if not for the at-fault party’s negligent or reckless actions, the victim would not have died. Punitive damages are intended to be disciplinary in nature and are also meant to discourage similar behavior by others in the future. Punitive damages are imposed in Florida in addition to compensatory damages.
How is Negligence Proved in a Wrongful Death Case?
To present a successful wrongful death case to a court of law or an insurance company, the claim should be supported with specific elements. In fact, there are four important elements to be proved by the plaintiff to claim compensation for the loss of their loved one.
- Duty of care – The plaintiff needs to prove to the court that the defendant owed the deceased a duty of care in the given situation.
- Breach of duty – The plaintiff needs to prove how the defendant breached his/her duty of care. It could be through a specific action/inaction where another reasonable person in the same situation would have acted appropriately.
- Damage – The defendant’s breach of duty was responsible for the death of the deceased.
- Causation – The plaintiff needs to prove that the death of his/her loved one occurred as a direct result of the defendant’s actions/inactions and not due to some other cause.
How Do You Start a Wrongful Death Claim in Florida?
Florida law requires the surviving family members of the deceased or the personal representative of his/her estate to file a wrongful death case against the responsible party. If there is no will or estate plan, the court will appoint a personal representative. A wrongful death claim should be filed within two years of the date of the death of your loved one in most cases. The deadline can be postponed under a few very specific circumstances. Your wrongful death attorney is the best person to assist you in filing the case to obtain maximum compensation from the responsible party.
File Your Claim With Our Tampa Wrongful Death Lawyers
When you have lost a loved one due to the negligence of another party, you are entitled to claim compensation from the responsible party. You need to hire the best wrongful death lawyer in Tampa to handle your case. Call Florida Lawyers 360 today at (954) 448-7355 to handle your wrongful death case in Tampa FL and obtain maximum compensation for your loss.