Grief, sadness, and a hole in your heart that will never be filled. If you lost a loved one due to someone else’s wrongdoing, you are likely experiencing these unbearable feelings. Our Wesley Chapel wrongful death lawyers will help you hold the negligent party responsible for their actions and recover a settlement that can help with medical bills, funeral expenses, and the money needed to help care for the victim’s family.
After an unexpected accident such as this, you and your family might be unsure where to turn, and what you can do to get any bit of justice for your lost loved one. Fortunately, our compassionate personal injury attorneys are here to help.
What is a Wrongful Death Claim?
A wrongful death claim and a personal injury claim are distinct legal actions, each with its own set of circumstances and objectives. Here are the key differences between the two:
Personal Injury Claim
- Plaintiff: In a personal injury claim, the injured party (the plaintiff) seeks compensation for their own injuries and losses resulting from someone else's negligence or intentional actions.
- Damages: The injured party can seek compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses directly related to their injuries.
- Survival Action: In some cases, if the injured party passes away, their personal injury claim can be transformed into a survival action, allowing their estate to pursue compensation for damages suffered by the deceased before their death.
Wrongful Death Claim
- Plaintiff: In a wrongful death claim, the family or beneficiaries of a deceased person (the plaintiff) bring a legal action against the party responsible for the death.
- Damages: The aim is to seek compensation for the losses suffered by the survivors due to the death of their loved one. This can include funeral and burial expenses, lost financial support, loss of companionship, and emotional distress.
- Purpose: A wrongful death claim serves to provide financial relief and justice to the surviving family members or beneficiaries, as the deceased person is no longer able to seek compensation for their own injuries.
Wrongful death claims and personal injury claims can sometimes be closely related, especially in cases where a person is initially injured and later dies as a result of those injuries. In such instances, both types of claims may be pursued to cover different aspects of the case.
If you face a situation involving the loss of a loved one due to someone else's negligence, consult an experienced Wesley Chapel wrongful death lawyer. They can provide guidance and help you navigate the legal process to seek the compensation and justice your family deserves.
Who Can Recover Losses From A Fatal Accident Lawsuit?
Under the Florida Wrongful Death Act, if a wrongful death claim results in an award of damages, that money is distributed according to the decedent’s will or estate plan. If the deceased died without planning how to allocate their assets, the law determines who gets the money. The rules around the distribution of estates when there is no will are complicated, but the following classes of people can generally benefit from a wrongful death award:
- Spouse
- Children
- Parents
- Blood relatives who depended on the decedent for support
A Wesley Chapel wrongful death lawyer can provide more information about who can benefit from the proceeds of a lawsuit in your particular situation and walk you through the process of making a claim.
Children of Unmarried Parents Could Receive Lawsuit Proceeds
When an unmarried mother dies, her children automatically benefit from the proceeds of a fatal accident claim. The situation is not as clear if an unmarried father dies.
The child of an unmarried father could receive proceeds from a wrongful death lawsuit if he named the child in a will or estate plan. If the father did not have a will, the child could benefit from the claim only if the decedent acknowledged paternity and contributed to the child’s support.
Compensation For Loss Of Financial Support, Companionship, And Services
Wrongful death benefits compensate families for the financial contributions the decedent would have made if they had lived out their expected lifespan. Florida Statute §768.21 allows each survivor to recover the amount of money they likely would have received from the deceased. The court generally considers both the decedent’s and survivors’ ages when determining appropriate amounts of compensation for each party.
An estate could also get damages for the money the decedent would have earned if they had lived out their expected lifespan and the projected increase in the value of the decedent’s assets.
Understanding Companionship and Support
If the deceased person is a minor child, surviving parents may receive damages for the emotional pain of losing their loved one. Surviving spouses and children could also receive damages for the loss of the decedent’s companionship and services.
Services include the decedent’s non-monetary contributions to the household, such as home repairs, picking up and dropping off children, cooking, vehicle maintenance, providing instruction, and offering guidance. A diligent Wesley Chapel wrongful death lawyer can help you and your family calculate the value of the companionship and services your loved one would have provided.
You Have Limited Time To File A Claim
Florida law requires a personal representative to file a wrongful death case within two years of the decedent’s death. We understand it can be difficult to think about a legal case while you are grieving, but it is important to understand the risks of waiting too long to file.
If you miss this deadline, you will lose your right to compensation for your wrongful death claim. A Wesley Chapel wrongful death lawyer from our firm can help you keep up with such deadlines so you don't miss out on what is rightfully yours.
Get Justice With A Wesley Chapel Wrongful Death Lawyer
When facing the devastating loss of a loved one, you need compassionate guidance; our Wesley Chapel wrongful death lawyer team fights for your family. Call Hancock Injury Attorneys at 813-915-1110 to schedule your free case consultation today. We are here to help.
Wrongful Death FAQs
What Is a Wrongful Death Claim in Florida?
A wrongful death claim is a legal action brought by surviving family members when a person dies due to someone else’s negligence, recklessness, or intentional act. Instead of the injured person filing the claim, the deceased person’s estate and beneficiaries pursue compensation for the losses caused by the death.
How Is a Wrongful Death Claim Different From a Personal Injury Claim?
The main difference is who brings the claim and what damages are sought. In a personal injury case, the injured person seeks compensation for their own injuries. In a wrongful death case, surviving family members seek compensation for their losses, such as financial support, companionship, and emotional suffering.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, the personal representative of the deceased person’s estate files the claim on behalf of surviving family members. Eligible survivors may include a spouse, children, parents, and, in some cases, other dependent relatives.
What Damages Can Be Recovered in a Wrongful Death Case?
Compensation in a wrongful death case may include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost income and financial support
- Loss of companionship and guidance
- Emotional pain and suffering
The exact damages depend on the circumstances of the case and the relationship to the deceased.
Can You Recover Damages for Emotional Suffering After a Wrongful Death?
Yes. Florida law allows certain surviving family members to recover compensation for emotional pain and suffering caused by the loss of their loved one. This may include grief, anxiety, and the long-term emotional impact of the loss.
What if the At-Fault Person Also Died in the Accident?
You may still have a valid wrongful death claim. In these situations, the claim is typically brought against the personal representative of the at-fault person’s estate.
What Types of Accidents Can Lead To Wrongful Death Claims?
Wrongful death claims can arise from many types of incidents, including:
- Car accidents
- Motorcycle crashes
- Construction accidents
- Defective products
- Other negligent or reckless actions
Any situation where negligence causes a fatality may lead to a wrongful death case.
Where Do Wrongful Death Accidents Commonly Occur in Wesley Chapel?
Fatal accidents can happen anywhere, but they often occur on busy roadways, highways, and high-traffic areas. For example, major expressways and congested urban areas frequently see serious and fatal crashes.
How Do Lawyers Calculate Compensation in a Wrongful Death Case?
At Hancock Injury Attorneys, our lawyers evaluate both economic and non-economic losses. This may involve working with financial experts and life care planners to estimate:
- Future lost earnings
- Loss of benefits and services
- Emotional and psychological impact
This ensures that both current and future losses are fully considered.
How Do Insurance Companies Handle Wrongful Death Claims?
Insurance companies often try to minimize payouts by offering quick settlements or disputing liability. They may downplay the impact of the loss or attempt to shift blame. Having an attorney from our firm can help protect your rights and ensure fair negotiations.
What Should You Do After Losing a Loved One Due to Negligence?
Important steps include:
- Gathering documents like medical records and accident reports
- Keeping track of expenses and financial losses
- Avoiding public discussions about the case
- Seeking emotional support
- Speaking with a wrongful death attorney as soon as possible
Taking these steps can help protect your legal rights and strengthen your case.
How Long Do You Have To File a Wrongful Death Claim in Florida?
You have two years from the date of the wrongful death to pursue a claim.
Do You Have To Pay up Front for a Wrongful Death Lawyer?
At Hancock Injury Attorneys, we work on a contingency fee basis. This means you do not pay any upfront fees, and your attorney only gets paid if they successfully recover compensation for you.
Why Should I Hire a Wrongful Death Lawyer?
A wrongful death lawyer from our firm can:
- Investigate the cause of death
- Gather evidence and build a strong case
- Handle insurance companies
- Accurately calculate damages
- Fight for maximum compensation
This allows your family to focus on healing while your legal team handles the complexities of your claim.