Losing a loved one is devastating, and much more so when that loss happens as a result of someone else’s reckless actions. It is normal to be angry, frustrated, and sad in this situation. Part of processing your grief and getting closure is holding the person(s) responsible for your loved one’s demise accountable. It won’t change the past or bring your loved one back, but it can ease your burden and prevent the person(s) from harming other people in the same way.
If you have suffered the death of your loved one because of another person’s reckless behavior, you should contact Chalik & Chalik Injury Lawyers for a free consultation. Our experienced Tampa wrongful death lawyers are on hand to pursue justice for you and your family.
We can help you with your case. Call us today at (813) 879-3719.
Florida Wrongful Death Laws
The Florida Wrongful Death Act is one of the most complex laws; any lawsuits related to this Act should only be handled by attorneys who are experienced in this area of law.
Wrongful death in legal terms describes the incidence of a person losing their life because of another person’s negligent actions. Because of this definition, wrongful death may be the result of many circumstances. Some of these include:
- Car, motorcycle, or pedestrian accidents
- Product liability
- Construction/other workplace injuries
- Drunk driving
- Slip and fall incidents
- Unsafe premises
- Medical malpractice or negligence
In a wrongful death lawsuit, a Tampa wrongful death lawyer must prove that someone’s negligent/reckless actions caused the deceased’s death, and the person or entity is liable for damages. The law allows the estate of a victim to claim when death results from a “wrongful act, negligence, default, or breach of contract or warranty of another person or entity”.
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Statute of Limitations
Wrongful death claims are filed in civil courts. According to the statutes, a wrongful death claim must be initiated no more than two years from the death date. This deadline can be postponed if there are exceptional circumstances.
Consider working with a Tampa wrongful death lawyer. Even if you are not ready to move into litigation right away, the attorney can advise you on the steps to take.
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Parties That Can Bring a Wrongful Death Lawsuit
A wrongful death lawsuit in Florida may only be brought by a personal representative of the victim’s estate. This representative will often be mentioned in the deceased’s will, but where there is no will, the court can appoint someone to represent the estate.
The representative files the claim on behalf of surviving family members to allow them time to grieve the loss of their loved one. They must name all family members and relatives who have an interest in the case.
Family members who are entitled to recover damages include the person’s spouse, children, siblings, and parents. This may also extend to other blood relatives or adopted siblings who depended on the deceased for services or support.
If you want to learn more about your options when your loved one has suffered a wrongful death, contact Chalik & Chalik Injury Lawyers at (813) 879-3719 for a free case evaluation.
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Recoverable Damages in a Wrongful Death Claim
Section 768.21 of the Wrongful Death Act spells out which type of damages can be recovered following a wrongful death. Members of the deceased person’s estate may recover the following:
- Medical bills incurred in the victim’s treatment before their demise, excluding those paid by insurance
- Funeral expenses paid directly by surviving family members
- Loss of services and support, e.g., reasonable daycare expenses where the victim was a stay-at-home parent
- Loss of protection and companionship – spouse and children may recover for the loss of emotional support, instruction and guidance, and friendship
- Mental pain and suffering
- The representative of the deceased person’s estate may also recover these economic damages:
- Future lost earnings (until typical retirement age), including lost benefits like health insurance
- Lost accumulation of the value of the estate
Unlike personal injury lawsuits, calculating the above economic forecasts to determine damages is a complex process. The amount of damages is determined by the deceased’s career, age, and level of education. A Tampa wrongful death lawyer may use the testimony of an economist or other financial experts to determine the victim’s fair earning capacity.
For a free legal consultation with a Chalik & Chalik lawyer serving Tampa, call (813) 879-3719
Pursuing a Wrongful Death Claim
If your loved one has suffered a wrongful death, you may wonder whether or not filing a lawsuit is the right move. We acknowledge that no amount of money can restore your loved one’s life.
Nonetheless, bringing suit can help ease the financial impact of their absence to protect you and your family from further hardship due to their demise. Additionally, your lawsuit may help you to achieve justice for your loved one by punishing the wrongdoer. At its best, it will act as a deterrent for similar actions in the future on the part of the wrongdoer.
Getting a Tampa wrongful death lawyer may help to make the process smooth and hassle-free for you during this trying time. The lawyer will take care of filing claims, discovery, and any necessary investigations, communicating with the defendant’s lawyers, and negotiating on your behalf.
You can the compensation you deserve for both economic and non-economic losses incurred because of your loved one’s demise.
If you have suffered the loss of a loved one because of another party’s negligent actions, you may be entitled to receive compensation. Whether you are making a case against a business entity, drunk driver, employer, or healthcare professional, the counsel of an experienced Tampa wrongful death lawyer will be invaluable.
Call Chalik & Chalik Injury Lawyers at (813) 879-3719 to get started with a free case evaluation.
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