Can I Bring a Wrongful Death Claim When a Loved One Dies in an Accident

When someone dies due to the negligence of another person, the family of the decedent may suffer both emotional and financial losses. If the death was due to the fault of another, a wrongful death lawsuit may be filed. Given the complexity of the laws, working with a wrongful death attorney can help protect your family’s future. It is extremely important to talk to an attorney as soon as possible so they can investigate the facts surrounding the accident and preserve all of the evidence, including taking photographs and witness statements. It is typically necessary to hire a good investigator to assist in gathering all of necessary evidence immediately after the accident. Also, keep in mind that there are statutes of limitation which require that any lawsuit must be filed within a certain timeframe. In Florida, wrongful death lawsuits must be filed within 2 years of the accident or they will be forever barred. 

Florida’s Wrongful Death Statute specifically describes the damages that are available to the survivors of the decedent.  A wrongful death lawsuit can result in the award of damages for pain and suffering, loss of companionship and guidance, and loss of support and services. In evaluating the damages, factors to consider include the survivor’s relationship with the decedent and the amount of the decedent’s probable net income that would have been available to the survivor. When calculating these damages, a jury will consider the life expectancy of the decedent and the survivor.  Survivors typically include the spouse and children of the decedent, although this can vary depending on the age of the children. Medical bills and funeral expenses can also be recovered.

The wrongful death of a loved one due to an automobile accident is devastating. In addition to pain and suffering and emotional damage, the family may also struggle to pay expenses and bills, especially if the decedent was a source of income for the family. If you have lost a loved one due to the negligence of another, you are entitled to compensation for future lost wages, funeral expenses, and medical bills. 

It is important for the decedent’s family to promptly contact a knowledgeable and experienced wrongful death lawyer in Tampa, FL to investigate the case, navigate the wrongful death statute, and take immediate action to help the family get the compensation they deserve. 

Thanks to Jeff Murphy Law for their insight into personal injury and wrongful death claims.