There is nothing as tragic as losing your loved one, except for losing your loved one due to the negligence of another. While financial compensation will not even come close to replacing the presence of your loved one, it may be your only way to achieve justice and hold the at-fault party accountable. Read on to discover whether you can recover damages in a wrongful death claim and how a seasoned Pasco County, Florida wrongful death lawyer at Wendy Doyle-Palumbo, Esq., can assess your legal situation.
What are examples of wrongful death?
Unfortunately, wrongful death can occur just about anywhere. Far too often, Florida residents have to suffer with knowing that their loved ones suffered a wrongful death for any of the following reasons:
- They were made a victim of an auto accident, particularly if it was a drunk driving accident.
- They were made a victim of an unsafe premise, particularly if this was due to landlord negligence.
- They were made a victim of a defective product, particularly if this was a defective drug.
- They were made a victim of a workplace accident, particularly if this was due to an unsafe construction site.
- They were made a victim of medical malpractice, particularly if they received the wrong prescription or dosage.
- They were made a victim of an intentional act of murder.
What is considered a valid wrongful death claim?
Specifically, Florida Statutes Section 768.19 governs what is considered a valid wrongful death claim. Such a claim is appropriate if the following circumstances are proven true:
- When your loved one lost their life after an accident that was caused by another party’s wrongful actions, negligence, default, breach of contract or warranty, or committing of a felony.
- When your loved one’s accident would have entitled them to maintain an action and recover damages if they had not lost their life.
- When your loved one’s accident and subsequent wrongful death caused you to be left with their damages.
Do I qualify to recover damages in a wrongful death claim?
So, if you believe that the circumstances surrounding your loved one’s wrongful death constitute a claim, you must then confirm that you qualify to recover damages. In the state of Florida, the following family members have qualifying relationships for such a claim:
- The surviving children of the deceased.
- The surviving spouse of the deceased.
- The surviving parents of the deceased.
- The surviving blood relatives, who were considered partly or wholly financially dependent on the deceased.
- The surviving siblings or adoptive siblings, who were considered partly or wholly financially dependent on the deceased.
With that being said, if you are eligible, you must reach out to a competent Pasco County, Florida injury lawyer soon. While it is important to properly mourn, you must remember that Florida’s statute of limitations is generally two years from the date of the incident.