No matter the circumstances, the loss of a loved one can be traumatic. However, when their loss is the result of someone else’s negligence, you may want to think about the legal options you and your family have. A compassionate Tarpon Springs wrongful death lawyer could guide you through the process of financial recovery so that you can focus on spending time with your loved ones.
Wrongful death claims can be complicated and overwhelming, especially when you are dealing with such severe emotional losses and potential financial trouble. By working with a dedicated injury attorney, you could rest assured knowing you have a valuable ally on your side.
Filing a Wrongful Death Claim
In Florida, individuals filing a wrongful death claim may be able to recover damages based on their relationship to the deceased. Usually, the deceased’s personal representative is the appropriate party to bring the wrongful death action. The personal representative may be identified in an estate plan or appointed by the court.
Under Florida Statutes § 768.21, the following may be considered a personal representative in a wrongful death action: surviving spouse, children, and parents. A Tarpon Springs wrongful death attorney could assess details of a case to determine the appropriate personal representative.
Establishing Negligence in Wrongful Death Case
There are many reasons a wrongful death claims may arise. However, there are common accidents that form the basis of these claims, they include:
- Car, truck, and bus accidents
- Slip and fall accidents, and other premises liability accidents
- Medical malpractice
- Prescription drug errors
- Defective products
- Drowning and boating accidents
Florida law authorizes a wrongful death action when these types of negligence lead to a person’s death. Negligence can be established if someone involved in an accident failed to meet a standard of care that a reasonable person in their situation would, and this neglect results in a death.
If negligence can be established, the at-fault parties may be held liable for damages. A Tarpon Springs wrongful death lawyer could help family members of the descendant gather evidence, review records, and build a case.
The Statute of Limitations
There is a strict filing deadline that applies in Tarpon Springs. The statute of limitations for wrongful death actions in Florida is two years from the date of death. This means that the family of the decedent — or any personal representative — generally has to file a lawsuit within this timeframe. If the lawsuit is not filed within this window, the claimants may not be able to recover damages.
There are certain circumstances in which the statute of limitations may be excepted, however. A consultation with an attorney in Tarpon Springs could help claimants understand the deadline on a potential wrongful death claim, as well as possible exceptions to this statute.
How a Tarpon Springs Wrongful Death Attorney Could Help
It may be difficult to think about financial losses and legal options during this time. However, getting fair compensation after the death of a loved one could help you to rebuild your life. A compassionate Tarpon Springs wrongful death lawyer could guide you through the often-complex legal process so that you do not have to navigate it alone.
By working with an attorney, you could work to preserve your legal rights and avoid missing important deadlines for filing your claim. For more information about how you might benefit from legal counsel, reach out today.