Losing a loved one is a devastating experience under any circumstances. If you believe the negligent or wrongful actions of another person caused or contributed to the death, however, it can be even more difficult to cope with the loss. At Bailey & Glasser, LLP, our attorneys understand the grief, pain, and suffering that come with losing a loved one. We are dedicated to helping our clients seek justice and maximum financial compensation by holding those who are responsible for wrongful death accountable for their actions.
What Is Florida’s Definition of Wrongful Death?
A wrongful death according to Florida Statutes Section 768.19 is one caused by the wrongful act, negligence, default, or breach of contract or warranty of any person. This state law gives a right of action if the event would have entitled the deceased person (decedent) to maintain an action and recover damages if death had not ensued.
In other words, if the victim could have filed a personal injury claim had he or she survived the event, a wrongful death claim can be filed. This is a civil claim that seeks financial compensation for the victim’s death from one or more parties for causing the fatal injury or illness. Wrongful death claims can be brought after a negligence-based accident (such as a car crash), medical malpractice, or an intentional tort (crime).
What Compensation Is Available?
A wrongful death claim can in no way make up for the loss of someone’s life. However, a successful settlement or verdict could make it easier for a grieving family to afford related expenses and move forward after an unexpected death in the family; especially the loss of a breadwinner.
The financial compensation that could be available in a wrongful death claim includes lost support and services, lost companionship and protection, mental pain and suffering, lost parental companionship and guidance, medical and funeral expenses, and loss of earnings from the decedent. These damages are further described in Section 768.21 of the Florida Statutes.
Who Can Sue for Wrongful Death in Florida?
Many states allow the surviving loved ones of a decedent to file a claim for wrongful death. Florida, however, requires the personal representative or administrator of the deceased person’s estate to file. This individual may have been named in the decedent’s will prior to death. If not, the courts can appoint a representative to file the claim on behalf of all beneficiaries or the estate.
What Is the Deadline for Filing?
It is important to file the paperwork to initiate a wrongful death claim as soon as possible after a fatal accident in Florida. The state’s statute of limitations gives representatives just two years from the date of the decedent’s death to file this type of lawsuit. If the filing party waits too long and the statute of limitations expires, the ability to seek financial compensation will most likely be barred by the courts.
Do I Need an Attorney?
Hiring a wrongful death attorney to represent you and your family can make this complicated and emotional legal process much easier. You can focus on mourning the death of your loved one and spending time with family while an experienced attorney navigates the legal side of things for you.
You can trust your attorney to fight for maximum financial compensation against those accountable for the fatal injury or illness, even if this means taking your case to trial in Pinellas County. Your lawyer can provide comprehensive case evaluation, accident investigation, evidence collection, claim negotiation, and more on your family’s behalf.
Request a Free Wrongful Death Case Review Today
To find out if you have grounds for a wrongful death claim after the unexpected loss of your loved one in Clearwater, Florida, contact Bailey & Glasser, LLP for a free case consultation. We will treat your case with the respect and attention that it deserves. Reach out to our team at (727) 894-6745 or contact us online for a prompt callback. Our local law office is located at 360 Central Avenue, Suite 1450, St. Petersburg, FL 33701.
At Bailey & Glasser, LLP, our expertise is not limited to wrongful death cases. We also provide comprehensive legal services for personal injury, car accidents, and medical malpractice cases. Our dedicated attorneys leverage their vast experience to help victims navigate these complex legal scenarios, fighting for your rights and seeking the compensation you deserve. Reach out to us for dedicated, compassionate representation in these challenging times.