Losing a loved one is a tragedy that can lead to emotional and financial burdens for you and your family. affects not just the decedent but all members of their immediate family. If another person, company, or government entity was responsible for an accident involving an untimely death, they are liable for providing the compensation needed to set things right.
However, obtaining fair compensation for your loss can be difficult, especially without legal counsel. Not only may responsible parties deny liability, but state laws also contain certain limitations on who may seek compensation. Talking with a Tampa wrongful death lawyer today could help you and your family gain a sense of justice for your loss.
How State Law Defines a Wrongful Death
Every death is a tragic matter that impacts the decedent’s friends and family. However, not every death can give rise to a wrongful death lawsuit. State law defines specific situations where a wrongful death case is appropriate.
Under Florida Statute §768.19, a wrongful death case is appropriate when the incident would have justified a personal injury lawsuit had the victim survived. As a result, a death that occurs after a traffic accident, defective product injury, slip and fall, or even medical malpractice may serve as the basis for a wrongful death case. A Tampa wrongful death attorney could provide more information about wrongful death cases in general and place blame for a death on the negligence or violent acts of others.
What is the Purpose of a Wrongful Death Case?
A wrongful death case aims to bring the compensation that surviving family members need to achieve stability after a tragedy. Because of this, Fla Stat. §768.21 says that a wrongful death lawsuit exists solely to benefit a decedent’s surviving family members. Potential compensation in these cases can include payments for:
- Lost companionship or protection
- Lost financial support and service of the decedent
- Medical and funeral expenses
- The mental anguish that the family members endured
While a wrongful death lawsuit goes forward for the sole benefit of family members, these members may not have the ability to file these lawsuits in court. Instead, Fla Stat. § 768.20 grants the sole authority to file lawsuits in civil court to the personal representative of the decedent’s estate. While this may be a family member, it could be another party that the decedent trusted to handle their affairs or a party that a probate court assigns to this role. A knowledgeable lawyer at our firm could further explain the specific laws that control wrongful death cases in Tampa.
Reach Out to a Tampa Wrongful Death Attorney for Support
Wrongful death refers to a situation where a person’s death is the product of another’s negligence or act of violence. This can include traffic collisions, premises liability cases, or medical malpractice. If a decedent would have had the right to bring a personal injury case had they survived the event, their personal representative may have the right to pursue a wrongful death case on behalf of family members.
In this difficult time, let a compassionate Tampa wrongful death lawyer guide you and your family through the legal process of seeking justice. A dedicated attorney could investigate the cause of the death, measure how that event has impacted your family, and demand that all liable parties provide the compensation needed to set things right. Give us a call today to discuss your situation.