A wrongful death lawsuit is a civil action against a person or business alleging that their improper behavior caused the death of another person. Under the laws applicable to Clearwater, members of this person’s family may be able to recover for the damages caused by the untimely death of their loved one.
A wrongful death in Clearwater nursing homes lawyer can provide more information about any possible legal options available to the survivors. Contact a compassionate attorney right away to learn more.
Wrongful Death Laws
Under Section 768.16 of the Florida Code, or the Wrongful Death Act, a wrongful death lawsuit alleges that a loved one’s death was the result of the “wrongful act, negligence, default, or breach of contract or warranty of any person.”
When dealing with wrongful death in Clearwater nursing homes, common types of actions or inactions that can lead to a wrongful death lawsuit may include neglect by the nursing home or one of its staff members, a death caused by a prescription drug error, or any harm caused by other residents who may have shown previous signs of aggression or violence at the facility.
Unlike traditional negligence lawsuits where only the harmed victim can file a Florida negligence lawsuit, any of the nursing home resident’s survivors may file a suit. Under the Wrongful Death Act, a survivor includes the nursing home resident’s spouse, children and parents. A survivor will also include siblings if the siblings were dependent on the nursing home resident.
Available Compensation for Clearwater Families
Under Section 768.21 of the Florida Code, there are several categories of damages the estate may be able to pursue. The estate may be able to recover economic damages for losses relating to medical and funeral expenses. The family may also be able to recover compensation for the value of lost support and services, including the loss of future support.
Finally, if a spouse has survived the victim in a wrongful death lawsuit, they may be able to recover for the loss of companionship and protection, as well as damages for mental pain and suffering.
For every survivor to be able to recover compensation in a lawsuit against the person or business responsible for the wrongful death, each survivor and their relationship to the victim will need to be listed in the original filing. Because this can be a tedious process and a mistake can lead to a reduced award, it is important to speak with a Clearwater wrongful death attorney about the best way to proceed.
Contact an Clearwater Wrongful Death in Nursing Home Abuse Attorney
Like all other states, Florida has a limitation on the time a person may file a wrongful death lawsuit in Clearwater courts. Under Section 95.11(4)(d) of the Florida Code, a survivor must bring a wrongful death lawsuit within two years of the date of death.
In some circumstances, this time limit may be curtailed or tolled. Because the circumstances of each case are unique, it is best to speak to a wrongful death in Clearwater nursing homes attorney. Contact today.