Wrongful death claims need to be investigated quickly due to the relatively short deadline laid out in the statute of limitations. Any wrongful death lawsuit can be tricky because the person that suffered the negligent conduct or contact is deceased and cannot tell them what happened. Recovering wrongful death damages in St. Petersburg can be a difficult undertaking as it requires extensive experience to collect every bit of relevant evidence and successfully use it against insurance companies and the negligent party.
The surviving family of a decedent may be entitled to recover damages for any hospital bills before the decedent died, funeral expenses, and other outstanding costs that the accident may have caused the decedent and their loved one. The first step to recovering compensation in the wake of wrongful death is to discuss your case with an experienced wrongful death attorney.
Who Can File A Wrongful Death Claim in St. Petersburg?
The only person who is authorized to file a wrongful death complaint on behalf of another is whoever the court appoints as the personal representative of the estate. That requires a filing in Florida with the probate court. In most cases, it is a family member of the decedent such as a spouse or a child over the age of 18. It could also be a close family relative like a brother or a sister, or in some cases, the parent, if the decedent is young or a minor. However, it is important to note that people besides the appointed representative will be unable to file a wrongful death or survival action claim.
Calculating Damages After a Wrongful Death
The damages in a wrongful death claim really depend on the status and age of the person who has died. If the decedent was an adult, their estate could collect what is known as loss of net accumulations, which is essentially any money that that person would have been able to save over the course of their life and put into their retirement account. The estate could also make claims for medical bills that the state is responsible for.
If the decedent was badly injured and taken to a hospital and died a few days later from his injuries, they are still going to have a very extensive list of medical bills that the estate is going to have to pay for that medical treatment the decedent received before they passed. The estate could also collect for burial expenses and burial costs.
In some cases, surviving family members could also make claims for damages and compensation. A spouse could claim intangible, non-economic damages such as pain and suffering for needlessly losing their spouse. Parents may also be able to recover for losing their minor child for those suffering damages.
Get in Touch with a Lawyer to Collect Compensation
It is best to speak with an attorney immediately to learn what damages may be available for the decedent’s estate and their surviving family to collect. All death is difficult to deal with, but when the death might have been prevented, it can be even harder to deal with. If your loved one suffered a preventable fatal accident, you may be entitled to compensation.
For help recovering damages in a St. Petersburg wrongful death case, get in touch with a lawyer right away. A compassionate wrongful death attorney could be the ally you need to fight for justice. Call now to get started.
