Wrongful Death Case Questions

Wrongful Death Case Questions

Wrongful death cases are devastating and can leave the family feeling helpless and angry. If your family member has died because of medical malpractice, you may be wondering what action you can take. Here are some answers to commonly asked wrongful death case questions.

Wrongful Death Case Questions: What Defines Wrongful Death?

I am often asked to define wrongful death.  A wrongful death under the law is a death that occurs due to the fault of another. In the state of Florida, you have two years from the time that the death occurred within which to bring a claim, and then the state must be set up with a representative so that the representative brings the claim for the wrongful death for all the beneficiaries who are defined under the law.

Wrongful Death Case Questions: Do We Need to Set Up an Estate to File a Claim?

Many people have questions about whether or not an estate should be set up in order to bring medical malpractice claim. You should talk to lawyer who is experienced in medical malpractice in terms of evaluating your claim. If you’re not already going to set up an estate it’s ok to talk to the lawyer first before an estate is created in order to determine whether or not that expense is necessary. If you do have a claim for medical malpractice as a result of wrongful death then an estate will have to be created and very often the estate lawyer will wait to have his fees paid after any recovery is made for the medical malpractice.

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Wrongful Death Case Questions: What are the Laws for Wrongful Death due to Medical Malpractice?

Florida has a special caveat or exception written into the wrongful death statue just for medical providers and that means that even if your parent or if you are a parent who has a child over the age of 25 is lost and it seems obvious that it is the result of medical negligence, if there is not a surviving spouse and child and or child who’s under the age of 25 who’s still partially dependent on the decedent, there is no recoverable damages.

Wrongful Death Case Questions: Who Can File for a Wrongful Death?

If someone in your family has been a victim of medical malpractice that results in a death there are special laws in Florida that apply to any potential claim you may have. In Florida if you are not, if the decedent, the person who you’ve lost is not either married or has a child under the age of 25 although there may be a technical wrong that was committed, there may be no recoverable damages. In other words if there’s not a survivor who is either a spouse or a child under the age of 25, there is no survival claim or beneficiary who can recover monetary damages. The estate may have a claim for loss of net accumulations but if your loved one wasn’t in his saving years you must have a spouse or a child under the age of 25 who is still partially dependent on the decedent at the time of the death.

If you have any further wrongful death case questions, please call our Tampa personal injury attorneys to schedule a free consultation.