According to Florida Statutes section 768.19, when careless actions lead to a person’s death, certain of that person’s survivors may have the right to bring a civil lawsuit against the person whose actions caused the death. This type of legal action is called a wrongful death suit, and it’s You may be entitled to seek compensation for lost wages, lost companionship and funeral expenses. An experienced personal injury lawyer Tampa Florida may be able to help you exercise your legal rights in this matter.
Who Can Bring a Wrongful Death Suit in Florida?
In order to collect damages in a wrongful death suit in Florida, you must be the decedent’s spouse, offspring or parents, or you must be able to prove that you depended upon the decedent for financial and other types of support. The wrongful death claim will be brought by a personal representative of the decedent’s estate on behalf of those who are entitled to collect damages. This person may be named in the decedent’s will or estate planning, or the court may appoint him or her.
Statute of Limitations
The statute of limitations for filing a wrongful death suit in the Sunshine State is two years from the date the death took place. There are a few exceptions to this rule, and an experienced personal injury attorney is your most reliable resource for learning about them.
Damages in Wrongful Death Suits
Liability in civil suits such as wrongful death suits is addressed by the payment of money. Civil suits are not criminal trials, so they don’t involve sentencing penalties. There are occasions, however, when a person whose negligence has caused a third party’s death may face both criminal and civil actions.
If their suits prove to be successful, plaintiffs may receive:
• Repayment for any medical or funeral expenses rendered the decedent
• Lost wages and benefits, including the value of the decedent’s lost earnings
• Compensation for the loss of support, the loss of companionship and any pain or suffering those losses have caused.
Determining the fair value of lost earning is a complicated calculation that often requires input from highly trained forensic accountants.