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January 15, 2021. Category: Wrongful Death

Recovering Wrongful Death Damages in Florida

Let an Experienced Tampa Wrongful Death Attorney Help

Wrongful death claims are often misunderstood by the general public — which is rather unfortunate, as they are critical for families looking to manage financially in the wake of a loved one’s unexpected passing.

In Florida, if a third party causes the death of a loved one, then you may be entitled to sue and recover “wrongful death” damages.  These damages are intended to cover the many losses associated with the death of your loved one — for example, the loss of companionship, loss of guidance, and loss of financial support, among others.

Wrongful death damages can empower a family, giving them the resources necessary to maintain the lifestyle that family members would have enjoyed had their loved one survived.  It is therefore critical that wrongful death claimants pursue their claims to the fullest extent possible under the law.

Let’s take a closer look.

Defendant's Misconduct

When a person’s death is caused due to the negligence, recklessness, or intentional misconduct of another, then Florida law entitles certain surviving family members to damages under wrongful death principles.

It’s important to understand that the defendant must have engaged in misconduct (negligence, recklessness, intentional misconduct) — our Tampa wrongful death attorney knows that a mere mistake will not suffice to justify a wrongful death claim.  For example, if a defendant is speeding on the highway and causes a car accident that kills your loved one, then that would be sufficient justification for a wrongful death claim.

Who is Entitled to Damages?

In Florida, a wrongful death claim is filed by the personal representative of the deceased’s estate.  The personal representative files the claim on behalf of those surviving family members entitled to wrongful death damages, however.

Who is entitled?

Under Florida law, surviving family members qualified to recover for wrongful death damages include:

  1. The spouse of the deceased
  2. The children of the deceased
  3. The parents of the deceased
  4. Any relative who was dependent (in part or fully) on the deceased for support.

Important to note: blood relatives and adopted relatives are counted the same for the purpose of wrongful death claims.

Contact a Tampa Wrongful Death Attorney at Alley, Clark & Greiwe for Legal Assistance

Here at Alley, Clark & Greiwe, our attorneys have decades of experience working with personal injury plaintiffs, including those who are seeking recovery for the wrongful death of their family member.  We understand the frustrations and challenges facing wrongful death claimants, and we understand just how necessary it can be to secure funds at such an emotionally and financially vulnerable time.

It’s our belief that every client’s case is different.  As such, we are committed to working closely with each client to ensure that we gain personalized insights into their case and how best to secure a favorable result.

If you’d like to speak to an experienced Tampa wrongful death attorney at our firm, call us at (800) 840-0977 or contact us online to arrange a free initial consultation.  We look forward to speaking with you.

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