Filing a Wrongful Death Claim

Filing a Wrongful Death Claim

Filing a Wrongful Death ClaimWhen a family member dies due to the negligence of someone else, it is a hard and emotionally trying experience. An experienced Tampa wrongful death attorney will make sure that the negligent party is held accountable, and we will fight to recover the compensation you deserve. Here is what you need to know about filing a wrongful death claim.

Filing a Wrongful Death Claim | Who Can File?

The laws regarding wrongful death lawsuits vary from state to state. In Florida, a wrongful death lawsuit is filed by a personal representative on behalf of the decedent’s estate. This personal representative may be named in the deceased person’s will or can be appointed by the court. Although a wrongful death claim is filed by a single representative, all individuals who carry an interest in the case must be listed.

In accordance with the Florida Wrongful Death Act, the following are eligible for compensation in a wrongful death lawsuit:

  • Immediate family members, such as spouses, children, and parents
  • Any family members who were financially dependent on the decedent
  • Domestic partners financially dependent on the decedent

In some cases, any individual who suffers financial losses may be eligible to receive compensation regardless of their relation to the deceased. Of course, this is all determined by the circumstances unique to each wrongful death claim.

Filing a Wrongful Death Claim | Statute of Limitations

When filing a wrongful death lawsuit, it is also important to make sure your claim is filed on time. The Statute of Limitations for wrongful death in the state of Florida sets a two-year deadline after the passing of the deceased for filing your claim. If your claim is not submitted within this timeframe, then you will lose your right to seek compensation in court. To help determine if you are eligible to file a wrongful death claim and to ensure it is processed before your statute of limitations expires, seek the counsel of an accomplished Tampa wrongful death attorney.

Filing a Wrongful Death Claim | Hiring an Experienced Attorney

At Morgenstern & Herd, PLLC, we understand how overwhelming and devastating the wrongful death of a family member can be. Our attorneys are experienced and compassionate, and we will do whatever it takes to make sure that you and your family are rightfully compensated in these tragic circumstances. Contact our Tampa wrongful death attorneys today to schedule a free consultation.

Morgenstern and Herd have achieved an AV® Preeminent™ Martindale-Hubbell® Peer Review RatingSM—a distinction signifying the highest quality legal work, professionalism, and ethical standards.

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