When a beloved family member dies, the decedent’s family is faced with an abundance of unexpected decisions and tasks. Family members often must take on new responsibilities at the same time they are grieving for their loved one. When the decedent’s death is the result of someone else’s negligence, the stress of the situation is often amplified and can seem overwhelming.
While no one can take away the pain felt during this time, compassionate Tarpon Springs wrongful death attorneys can provide assistance navigating the issues and claims related to your wrongful death claim. Skilled personal injury lawyers can fight for your right to compensation.
Florida Wrongful Death Act
When a death is the result of someone’s negligence, that person is responsible for compensating the decedent’s beneficiaries and survivors. The Florida Wrongful Death Act governs wrongful death actions under Florida Statutes Section 678.16.
Tarpon Springs, Florida wrongful death attorneys will assist their client with issues such as:
- Determining if the wrong doer’s actions meet the elements required under the Wrongful Death Act
- Identifying all potential wrongdoers involved in the decedent’s death
- Ascertaining the parties who might be entitled to damages in the wrongful death action
- Confirming the type of wrongful death action under which their claims fall
- Analyzing the types of damages to which they may be entitled
The above are just a few of the issues a wrongful death attorney in Tarpon Springs can address. Florida’s wrongful death statutes and procedures are complicated. There are a vast array of actions that may be considered a wrongful death action. Different types of actions may have different statutes, rules, and deadlines that apply.
Wrongful death action can occur under numerous situations. Some of the more common situations are accidents and injuries caused by:
- Bus or trains
- Cruise ships
- Dog bites
- Slip and falls
- Nursing homes
- Drunk driving
- Defective drugs or pharmaceuticals
- Medical malpractice
- Criminal activity
- Unsafe work conditions
Parties to a Wrongful Death Action
There are two types of parties that would bring the wrongful death action. The personal representative of a decedent’s estate brings the wrongful death action on behalf of the decedent’s estate and the estate’s beneficiaries. The personal representative may be named in the decedent’s will, or if there is no will or no designated personal representative, the court will appoint one. Alternatively, the personal representative or their Tarpon Springs wrongful death lawyer can bring a claim for wrongful death on behalf of the decedent’s survivors.
Under Florida law, survivors include, a decedent’s:
Additionally, the following is a survivor if the decedent provided part or all of the support and services for survivors for the individual:
- Any blood relative
- Adoptive siblings
- Any child born to a mother out of wedlock
- Any child born out of wedlock to the father when the father has recognized a responsibility for the child’s support
Types of Damages
Florida Statutes Section 768.21 permits the decedent’s estate and survivors recovery of the following:
- The value of support and services provided
- Lost wages, benefits, and other lost earnings that the decedent could reasonably have been expected to make if they had lived
- Loss of companionship, guidance, and protection
- Mental and emotional pain and suffering due to the loss
- Medical and/or funeral expenses
Contacting a Wrongful Death Attorney
When you meet with Tarpon Springs wrongful death attorneys they will collect information from you, explain the types of wrongful death actions and potential damages that can be claimed and discuss deadlines that must be met to file your wrongful death action. Schedule your consultation now to find out what your rights are.