Clearwater Wrongful Death Attorneys
Servings Residents All Throughout Tampa, FL
The death of a family member is a heartbreaking and difficult event. It is particularly tragic when the passing of a loved one was caused by the careless or wrongful act of another, such as an employer, doctor, hospital, or nursing home, and could have been avoided.
If you have lost a loved one in an accident, we first want to say how sorry we are. This is a terrible thing to have to go through and it is impossible to make your life whole without this person, but we would like to help you to get the compensation you deserve. These cases are sensitive and we are here to guide you through this all. Wrongful death often occurs in the following situations:
- Nursing home abuse, malpractice, or negligence
- Hospital malpractice or negligence
- Automobile or other transportation accident
- Workplace accidents
- Pharmaceutical liability for unsafe or defective prescription drugs
Who Can Bring a Claim?
These cases can be extremely complicated. Don’t fret about these complications because once you meet with us, we will handle all of the details. In Florida the person who is allowed to bring the wrongful death claim is the personal representative of the deceased’s estate. That person who can bring the claim might be named the personal representative in the deceased’s estate plan or their will. This person will be chosen by the court if there is no will or there is no estate plan. The award for the wrongful death claim doesn’t necessarily go to the personal representative, but to the family of the deceased. The personal representative will be filing on behalf of the surviving family members. They also have the duty of naming all of the surviving family members who would have a claim. Those people would include the spouse, children, and parents of the deceased as well as the blood relatives or adoptive siblings who may have been dependent on the deceased financially. To get further into the nitty gritty of this all, you will want to speak to one of our experienced Clearwater wrongful death attorneys to make sure this is all happening correctly.
If you suspect that a family member was the victim of wrongful death in Florida, whether by the negligent or improper actions of an employer; hospital, doctor, or medical staff; auto driver or manufacturer; or prescription drug manufacturer; it is important to act quickly and consult a wrongful death lawyer.
Florida Wrongful Death Statute of Limitations
In Florida, the statute of limitations for a wrongful death claim is only two years, meaning you will have to file your claim in under two years if you are looking to get compensation. It is so important that you do not delay. Once this statute of limitations runs out, you will lose your chance to get the compensation that you truly do deserve. The statute of limitations is different from the personal injury statute of limitations so don’t get confused if you see somewhere else online that the Florida statute of limitations is four years. That is not for wrongful death and a mix up like that could cost you your case. There are some exceptions to this rule, but you have to have already met with an attorney in order to get it postponed and it is rare for those with specific circumstances.
What You Need to Know About Wrongful Death Claims
These claims are not criminal claims because the death of your loved one would be considered an accident in these circumstances. If this was an intentional act that caused the loss of your loved one, it would be criminal, but when it’s deemed an accident, you would be bringing a civil claim. As mentioned, the claim is brought by the estate of your loved one and it is a claim that is seeking financial compensation for the liable party’s wrongdoing. Damages are paid in a wrongful death claim that would otherwise not be an option if it was a criminal case. Those are the big differences with criminal and civil claims when a loved one passes. The compensation will cover damages including:
- The loss of the value, support, and services that the loved one has provided to the family
- Any loss of companionship, protection, and guidance that the loved one would have provided
- The pain and suffering a child had to endure both mentally and emotionally because they lost their parent
- Any medical bills or funeral expenses the surviving family member has absorbed because of this tragic incident
- Lost wages, earnings, or benefits that the loved one would have provided to the family had they survived
- Funeral expenses and medical bills that had to be paid by the estate
- Lost value of the potential earnings the deceased loved one would have made in their life that would have supported their family
As you can most likely tell, there are a lot of moving parts that are involved in this type of claim. We will work to sort through all of the details with you to make sure you feel like you understand all of the steps.
Contact Our Clearwater Wrongful Death Attorneys Today
If you have been affected by wrongful death, we are here to guide you through this trying time. We will make sure your rights are protected, everything stays on track, and we cover all bases for you so that you don’t have to be concerned with the legal side of this. We understand how difficult it is to cope with losing a loved one in a way that is so tragic. We want to make sure you feel supported. If you are looking for a team of dedicated and supportive Clearwater wrongful death attorneys, please call our office today to set up a free consultation to see how we can help you and your family.