When someone is injured as a result of negligence or wrongdoing, that victim can pursue a claim for damages from those who are to blame for harming them. In some tragic accidents, however, the injured victim doesn’t survive.
When this happens, loved ones left behind can pursue a wrongful death claim.
However, the law is clear about exactly who has the authority to pursue that claim. Diaco Law can provide help in determining who is allowed to sue for damages after a death, and can represent the surviving loved ones throughout their claim as they pursue justice.
Give us a call today at (813) 221-7978 to schedule a free consultation with a Tampa wrongful death attorney to find out more about how we can help you, or read on below to learn more about who can file a wrongful death claim in Florida.
What is a wrongful death claim in Florida?
Florida Code section 768.19 establishes the right to pursue a wrongful death claim. The relevant statute reads:
“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person…and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person… that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured.”
This means that if another party did something wrong in any way and caused fatal injuries, those who have been left behind can pursue a civil claim to hold those responsible for the death accountable.
Florida Code Section 768.21 defines the damages that can be collected, including:
- Loss of financial support and services that the deceased was providing before the death, including the replacement value of services.
- Loss of companionship and protection
- Loss of parental companionship, instruction, and guidance
- Mental pain and suffering from the time of the injury
- Medical or funeral expenses
- Loss of the likely estate that would have accumulated if the deceased person had not passed
Those who have lost loved ones will need to prove the extent of damages in their wrongful death claim to be fairly compensated. A Tampa wrongful death lawyer at Diaco Law can help.
Who can file a wrongful death claim in Florida?
Florida Code Section 768.20 says that a wrongful death claim “shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death.”
And, as defined by Florida Code Section 768.18, those survivors include the following relatives of the deceased person:
- Spouse
- Children, including children born out of wedlock by the mother or by the father, if the father had shared legal responsibility for the child’s support
- Parents
- Any blood relatives and adopted brothers and sisters if they are dependent on the deceased for support or services
The spouse takes first priority under this law, while children, parents, and other blood relatives could also be entitled to damages if there are no closer relatives.
A Tampa wrongful death lawyer at Diaco Law can provide help in determining who is eligible to make a wrongful death claim after a fatal accident. We can also represent you if you are the one who will pursue this case, as we bring decades of legal experience with wrongful death claims to the table. Contact us to schedule a consultation and learn more about how we can help.