Florida law allows injured victims to pursue a legal claim against someone who hurts them. Unfortunately, some injuries are fatal, which means the victim can’t go to court to pursue justice.
When an injury results in a death, two types of legal claims could potentially be filed to recover compensation. They include:
- Wrongful death claims
- Survival actions
However, the law specifies that wrongful death claims are the right approach to these cases. Diaco Law can help you understand both wrongful death claims and survival actions, so you can reach out to our firm to get help today from a Tampa wrongful death lawyer.
Wrongful Death vs. Survival Action in Florida
Florida Statute section 46.021 states that “No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.”
This means that if someone could have had a personal injury claim, but they died before they could file that claim, the cause of action (their ability to make the claim) theoretically survives them. The estate can pursue the personal injury claim and seek to recover compensation for the damages experienced by the victim before their death.
However, Florida Statute section 768.20 makes clear that wrongful death claims should be pursued instead. The law states, “when a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate.”
While this is a lot of complex legal language, it essentially means that:
- The personal representative of the person who died
- Should pursue a claim for the injury resulting in death
- To recover compensation for the survivors left behind and the estate of the deceased person
The complexity of these laws demonstrates why you need an experienced attorney to help you decide how to pursue a claim after your loved one has been killed. You need to make the most solid legal arguments possible to protect your claim.
What are Wrongful Death Damages?
If you or someone you love has been killed and you pursue a wrongful death claim under Florida law, you should be entitled to recover compensation for:
- Loss of the income the deceased person would have earned (and used to help support or enrich you or your household)
- Medical costs incurred before death
- Funeral expenses
- Pain and suffering
- Loss of companionship and loss of the relationship with the deceased
- Emotional distress
These damages can be very substantial. For example, when the breadwinner dies at 30, it’s possible to recover compensation for all of the money they would have earned for surviving family members throughout the rest of their career. This could total in the millions, not even including pain and suffering and emotional distress compensation.
However, the law is clear about who exactly has the authority to pursue a wrongful death claim in Florida.
You need to make sure you have an attorney who can put together a compelling claim and show the extent of your loss so you can maximize your chances of being fully compensated. Diaco Law has represented many clients in wrongful death claims and recovered substantial verdicts and settlements in the millions. We can put that knowledge to work for you.
Contact a Tampa Wrongful Death Lawyer Today
A Tampa wrongful death lawyer at Diaco Law is here and ready to fight for you. We’ll offer compassionate advocacy and bring decades of legal experience to the table, so give us a call today to schedule your free consultation.