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To begin with, over 3,000 people die each year in automobile accidents in Florida. When this happens, it’s devastating for the surviving members of the family, both emotionally and financially. So, whether the deceased is a spouse, parent, child, or grandparent, they leave many family members and loved ones to grieve. Thus, certain family members should consider retaining a wrongful death attorney for help.

Our Tampa wrongful death lawyers are here to help you, and any of your loved ones who have been left in a state of emotional shock. We will all work together to discover and analyze all of the unique circumstances impacting the case. In fact, our former insurance defense attorney will leverage his past experience to help the case. Many times, there is compensation available by filing a wrongful death action or lawsuit which can relieve financial burdens.

The compensation available by a wrongful death action is based on the loss of the deceased to those in his or her family. Many times, a person killed in a car wreck has a spouse and dependent children who counted on them for support.

What is a Wrongful Death Claim?

Florida law spells out what a wrongful death claim is based on and under which conditions it can be made. Basically, the person or people who are inheriting the Estate of the deceased can recover damages based on the negligence of the at-fault person, and if that negligence resulted in the death of the deceased, then a claim can be made.

What leads to a Wrongful Death Claim?

There is a wide range of negligent actions and conduct that can lead to a wrongful death claim. For each of these, the at-fault or negligent person must be considered to have caused the death of the victim:

Types of Damages in a Wrongful Death Claim

Florida law states the types of damages that can be claimed. In a typical claim for damages, the insured person claims the losses he or she incurred because of the negligence of the at-fault person. However, in a wrongful death claim, damages can be based on the losses sustained by both the Estate and the individuals affected by the loss. These damages are:

  • Medical bills of the deceased.
  • Funeral expenses of the decedent.
  • Pain and suffering of the deceased.
  • Loss of future income of the deceased.
  • Spousal Loss of companionship (or consortium).
  • Mental and emotional pain and suffering of the children of the deceased.
  • Parental loss of companionship (children’s relationship with deceased parents).

Making a Wrongful Death Claim

Since a deceased person cannot file a claim for his or her own losses, Florida law allows the Estate of the deceased person to file a claim or lawsuit. The Estate of the deceased person is the correct heir of a person’s wealth and property as determined by Florida’s inheritance laws. “First in line” is the surviving spouse, and then the children, if any (other loved ones may be included too).

When should I make a claim?

As soon as possible. After a victim dies from the negligence of another, the Estate and survivors have two years in Florida to formally file a lawsuit with the Court for maximum compensation. Many surviving members of the deceased wonder if hiring an attorney is required in a wrongful death case. Although an attorney is not required to bring a claim, Florida’s wrongful death laws are very complicated. Therefore, the best course of action is to consult with a personal injury attorney who understands Florida’s wrongful death laws.

Contact a Wrongful Death Attorney Immediately

Even if you don’t hire an attorney, you should really speak with one that knows Florida law and can evaluate the case in extreme detail. Speak with an Attorney at RHINO Lawyers for your free, no-obligation consultation now. Our entire legal team is prepared to start working on your wrongful death case right away to help you in every way possible.


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