Losing a loved one because of someone else’s negligence or wrongful actions is a deeply painful experience. In such difficult times, families may feel overwhelmed by grief while also trying to understand their legal options.
At Suli & Martinez, we understand the emotional and financial strain that follows such a loss. Our compassionate and experienced attorneys are dedicated to helping you pursue justice and fair compensation for your loved one’s death, guiding you through every step of the legal process. Contact us for a free consultation and we will help you understand the next steps.
Call our firm at (813) 592-0000 today to get started.
What Is Wrongful Death?
Wrongful death happens when another person’s actions, whether intentional or due to negligence, lead to someone’s death. This can happen in many situations, such as car accidents, medical mistakes, defective products or acts of violence.
When wrongful death occurs, family members or loved ones may pursue a legal claim for compensation. This process is meant to hold the responsible party accountable and help provide financial support for the hardships left behind after such a loss.
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What Are Common Causes of Wrongful Death Cases?
Wrongful death can result from a variety of incidents where someone’s actions or negligence lead to a fatal outcome. Some of the most common causes of wrongful death include:
- Car accidents caused by distracted, reckless or impaired driving
- Medical malpractice, such as surgical errors, incorrect diagnoses or improper treatment
- Defective products, including faulty vehicles, dangerous medications or poorly designed consumer goods
- Workplace accidents, especially in industries with hazardous conditions like construction or manufacturing
- Acts of violence, including assaults, shootings or criminal negligence
- Nursing home abuse or neglect, leading to severe injuries or death in elderly care facilities
- Drowning or swimming pool accidents, especially involving children or poorly maintained pools
Can A Family Member File A Wrongful Death Lawsuit?
Yes, a family member can file a wrongful death lawsuit on behalf of the deceased in Florida, but certain rules govern who can bring the claim. In most cases, the surviving spouse, child or parent of the deceased is eligible to file.
Florida law also allows other relatives, such as siblings or grandparents, to file a lawsuit under specific circumstances, particularly if they can demonstrate that they have been directly affected by the loss. The key factors are the relationship to the deceased and the extent of the emotional or financial impact caused by the death.
Are Estates Eligible To File A Wrongful Death Lawsuit?
In Florida, an estate can file a wrongful death lawsuit, but it must be done through the personal representative of the deceased’s estate. This individual is typically appointed by the court and acts on behalf of both the estate and the surviving family members to seek justice and compensation for the loss.
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What Types Of Damages Are Available From A Wrongful Death Lawsuit?
When pursuing a wrongful death lawsuit, families may be entitled to various types of damages that help compensate for the financial and emotional hardships caused by the loss. These damages are meant to provide support and justice for the surviving loved ones.
Economic Damages
These damages cover tangible financial losses, such as medical bills, funeral costs and the wages the deceased would have earned if they had lived.
Non-Economic Damages
These damages address the emotional impact of the loss, including grief, pain and suffering and the loss of companionship or guidance from the deceased.
Punitive Damages
In certain cases, if the responsible party acted with extreme negligence or intent, punitive damages may be awarded. These damages serve to punish the wrongdoer and discourage similar actions in the future.
Who Can Receive Compensation In A Wrongful Death Lawsuit?
In a wrongful death lawsuit, compensation can be awarded to the surviving family members who have been directly affected by the loss. The specific individuals who may receive compensation vary depending on Florida law and the circumstances of the case.
- Surviving spouse
- Children of the deceased
- Parents of the deceased (if there are no surviving spouse or children)
- Siblings or other close relatives in some cases
- The deceased’s estate, for funeral and medical expenses
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How Can A Lawyer Help?
A skilled lawyer can provide invaluable support when filing a wrongful death lawsuit, helping you understand your legal options and guide you through the entire process. They will work to secure the compensation you and your family deserve and manage the legal challenges that come with such cases.
Investigating the Case
A lawyer can gather evidence, speak with witnesses and identify the parties responsible for your loved one’s death to build a strong case.
Calculating Damages
An attorney will help you determine the full extent of the financial and emotional losses, from medical bills to pain and suffering.
Negotiating Settlements
A lawyer will handle negotiations with insurance companies and defendants, working to reach a fair settlement on your behalf.
Representing You in Court
If the case goes to trial, an attorney will represent you in court and will present your case and fight for justice.
Contact a Compassionate Tampa Attorney Today
If you have lost a loved one due to someone else’s actions, it is important to seek help from a dedicated legal team that can fight for your rights.
At Suli & Martinez, we are here to provide support during this difficult time and help you pursue justice. Contact us today to discuss your case and learn how we can assist you.
Proven Results. No Upfront Costs or Fees. Call (813) 592-0000 today.
Get Your Free Case Evaluation today!
At Suli & Martinez Attorneys at Law, we only get paid when we obtain a recovery on your behalf.