Wrongful Death: What to Do When A Tragic Accident Claims Someone You Love
Losing a loved one due to the negligence of another person is devastating. While no amount of money can replace your loved one, possible compensation can provide you peace-of-mind as you deal with bills and a loss of income. If you lost a loved one due to the reckless actions of someone else, it is important that you contact a Florida wrongful death attorney without delay.
Who Can File a Wrongful Death Claim?
Florida law requires that a personal representative of the decedent’s estate file the wrongful death claim. If there is no will or estate plan that names a representative, one is appointed by the court. While the personal representative must file the claim, they do so on behalf of any surviving family. Surviving family can include:
A child born out of wedlock may pursue a wrongful death claim upon the death of the father. The child can only recover damages if the father formally acknowledged the child and was obligated to support the child. To determine if you qualify for damages from a wrongful death claim, it is best to discuss your case with a personal injury attorney.
What Types of Compensation are Possible?
A wrongful death claim is a civil action. If the death resulted due to a criminal act, the government files charges against the defendant. The civil action taken by the decedent’s estate is separate from any criminal proceedings.
While each case is different, you may be entitled to compensation for the following:
The loss of wages can also include any calculation for wages the decedent would have earned had they survived. State law also allows consideration of the loss of “prospective net accumulations.” This refers to the value of earnings the estate could reasonably have expected to make if the decedent had lived.
Parents of minor children can pursue damages for mental and emotional anguish due to the loss of a minor child. Each parent of an adult child may recover damages for mental anguish if there are no other survivors.
The types of compensation possible depend upon a variety of factors. Navigating Florida wrongful death law is complex and best left to an experienced attorney.
How Oldham & Delcamp Can Help
Experience does matter when it comes to wrongful death cases and legal representation. At Oldham and Delcamp, our team consists of former prosecutors and insurance defense attorneys. We understand the tactics insurance companies use to settle cases quickly and we work hard to negotiate a fair settlement for you. If we are unable to settle your case out-of-court, we are unafraid to go to trial.
Losing a loved one due to the negligence of someone else is heartbreaking. Our legal team will aggressively fight for you while at the same time, treating you and your family with the respect you deserve.
Due to the Florida statute of limitations regarding wrongful death claims, it is important you contact us as soon as possible. While two years may seem like a long time, it can pass quickly as you mourn your loved one.
Let us get to work for you by scheduling a free evaluation of your case. Call us now at 1-727-308-6124 or contact us online. We have two convenient offices to serve you: Pinellas Park and St. Petersburg. Your wrongful death claim is too important to trust to just anyone. Reach out today to start your pursuit of justice for you and your family.
Oldham & Delcamp is a member of the Attorney’s Real Estate Council of Pinellas County, is also currently on the Board of Directors of the Pinellas County Bar Association, and is the former chair of the Real Property section.
When your freedom is on the line, you need an attorney that is aggressive, responsive, and experienced. Oldham & Delcamp is committed to making sure that each of our clients receives the personalized attention of one of our attorneys.