What is a Wrongful Death Claim?

A wrongful death lawsuit is a type of civil action that is brought by the surviving family members of an accident victim who lost his or her life because of someone else’s careless, reckless, or intentional actions. These types of legal claims attempt to hold at-fault parties accountable for their wrongful actions, while also giving the victim’s family members a chance to recover compensation for their loved one’s medical bills and other losses. While no amount of money can compensate someone for the loss of a loved one, financial recovery can go a long way towards helping surviving family members pay off mounting debt while they focus on healing.

Only Family Members Can File a Wrongful Death Lawsuit in Florida 

Under Florida law, only certain individuals can pursue wrongful death damages, namely the surviving relatives of the victim, including:

• The deceased’s surviving spouse, who has the first right to file a claim;
• The deceased’s children if he or she wasn’t survived by a spouse;
• The deceased’s parents if the victim was a minor or had no surviving spouse or children; and
• Other dependent relatives who relied on the victim for financial support.

Although it will be the personal representative of the victim’s estate that will file such a lawsuit, he or she can only do so on behalf of the aforementioned surviving family members. This representative will be appointed in the deceased’s will or by the court.

Recovering Damages Requires Proof of Liability

 To file a successful wrongful death lawsuit, a claimant must be able to prove that:

• The defendant owed a duty of care to the deceased;
• The defendant breached that duty of care either negligently, recklessly, or intentionally;
• The defendant’s actions caused the victim’s death; and
• The decedent’s surviving family members suffered damages as a result.

Claimants who are able to satisfy these requirements with convincing proof of fault could be entitled to damages compensating them for financial losses, like:

• Medical expenses;
• Lost income and benefits;
• The value of the decedent’s services and support; and
• Funeral and burial costs.

Wrongful death damages can also, however, be ordered to compensate a victim’s surviving family members for more intangible losses that are very real, although more difficult to quantify, such as the pain and suffering endured by the victim, the surviving family member’s loss of companionship of their loved one, and emotional distress experienced by surviving relatives. In cases where a defendant exhibited gross negligence or a particular disregard for human life, a court could also award punitive damages, which are specifically intended to punish the wrongdoer and deter similar future behavior.

Experienced and Compassionate Tampa Wrongful Death Attorneys 

If you believe that a loved one’s death was the result of someone else’s carelessness, it is important that you consult with an attorney right away, as claimants only have a certain amount of time to file wrongful death lawsuits in Florida. The experienced and compassionate Tampa wrongful death lawyers at Anderson & Anderson can assess your case and walk you through your legal options, so feel free to contact us by phone or online message at your earliest convenience. You can reach a member of our dedicated support staff by calling 813-251-0072 today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html

forbes.com/advisor/legal/personal-injury/wrongful-death-lawsuit/