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Florida Wrongful Death Claims: Four Frequently Asked Questions

Losing a loved one in an accident is gut wrenching. Things are made all the more painful if you learn that the accident could have easily been prevented. In these situations, the Florida Wrongful Death Act provides a legal option for close family members of the victim. While no legal action can make up for the loss of a loved one, it is still imperative that the victim’s family exercises their legal rights. You need to take legal action to protect the interests of yourself and your family. For a brief overview of Florida wrongful death claims, please consider the following list of four of the most frequently asked questions.

  1. Can I Bring a Wrongful Death Claim?

Unfortunately, not everyone is able to bring a wrongful death claim on behalf of a loved one. Under Florida law, only certain family members are legally eligible to bring a wrongful death claim. Specifically, the eligible parties include:

  • A spouse;
  • Parents;
  • Children; or
  • Blood relatives who were legally dependent on the victim.

If you have any questions about your eligibility to bring a claim, you should consult with an experienced attorney as soon possible.

  1. How Long Do I Have to Take Legal Action?

Florida has a strict statute of limitations for all personal injury and wrongful death cases. Eligible family members of the victims must initiate their claim within two years of the date of the death of the victim. Do not take this deadline lightly. If you fail to take action within the time limit, you will likely lose out on your legal right to do so. Take action as soon as possible.

  1. How Do I Prove Wrongful Death in Florida?

Wrongful death in Florida is based off of the negligence standard. Negligence is the failure to take proper care when engaging in an activity. In other words, if another party did something that they should not have done, or if failed to do something they should have done, they can be held liable for any resulting fatalities. Ultimately, wrongful death claims are very fact specific. If your loved one died in an accident, a qualified attorney should always comprehensively review the details of the case.

  1. What Compensation is Available?

Eligible family members are entitled to financial compensation that accounts for the full extent of their losses. In Florida, this includes direct monetary losses as well as intangible losses. Specifically, your family may be able to seek wrongful death damages for:

  • Required medical expenses;
  • Costs related to the death, including funeral expenses;
  • Lost income;
  • Loss of love and consortium;
  • Pain and suffering; and
  • Emotional distress.

Contact Our Tampa Bay Office Today

At Pawlowski//Mastrilli Law Group, our compassionate Tampa wrongful death attorneys have helped many families take legal action after the avoidable death of a loved one. Our team is committed to handling your legal issues so that you can focus on your emotional well-being and the health of your family. To request a free, no obligation, review of your case, please contact our firm today. We represent victims throughout the Tampa region, including in Pasco County and Pinellas County.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.16.html

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