Filing a Wrongful Death Suit

Filing a Wrongful Death SuitIf a family member has died due to the negligence of someone else, it can be a devastating and often traumatic experience. Filing a wrongful death suit can never replace the loss of a loved one, but it can go a long way in alleviating your burden and providing emotional closure. If you wish to file a wrongful death suit in Florida, please contact our experienced Tampa wrongful death attorneys today to arrange a free consultation.

Filing a Wrongful Death Suit | 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.

Filing a Wrongful Death Suit | Compensation

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 Suit | 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 time frame, 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.

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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