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Am I Eligible for a Wrongful Death Claim?

Am I Eligible for a Wrongful Death Claim?

If you have lost a loved one due to the negligence of another person or party, you may be eligible for a wrongful death claim. This claim enables you to recoup compensatory damages from the negligent entity. You can also sue for punitive damages when gross negligence is involved. 

Unsure if you’re eligible? A Pensacola wrongful death lawyer can help you file the claim and recover fair compensation. Keep reading to learn more about your options. 

Who Can File a Wrongful Death Claim?

Florida has specific laws that govern wrongful death claims and lawsuits. These laws specify persons who can legally pursue a wrongful death claim. Under the Florida Wrongful Death Act, you are eligible to pursue a wrongful death claim if you are one of the following:

  • Spouse of the deceased

  • Children of the deceased

  • Children born out of marriage

  • One of the parents of the deceased

  • Blood relatives who were financially or emotionally dependent on the deceased

  • Adoptive siblings who were financially or emotionally dependent on the deceased

If you’re not an eligible party, you may not be able to sue. If you have any doubts about your eligibility, or if you believe you’re entitled to damages through the estate, reach out to a lawyer for a more detailed picture of your specific claim. 

Damages Available in a Wrongful Death Claim

You can seek a wide range of damages in a wrongful death claim, both economic and non-economic. These include:

  • Funeral and burial costs

  • Medical expenses related to the injury or condition that led to wrongful death

  • Loss of financial and emotional support to the claimants

  • Pain and suffering

  • Loss of companionship and protection

  • Loss of parental guidance and instruction

If you’ve lost any of these damages, you may be entitled to funds for your suffering. But calculating these damages can be difficult. Because of this, you may need to connect with a wrongful death lawyer to learn more. 

Limitations and Exceptions

The actual damages you may recover will depend on the nature of your status as a dependent. For instance, you can seek compensation for the loss of parental help, guidance, and protection if you are a child of the deceased. You can also claim damages for loss of support and service.

If you are a spouse of the deceased, you can file for damages related to pain and suffering, loss of companionship, and loss of financial support. Under Florida laws, the spouse and children under twenty-five are the primary plaintiffs for wrongful death compensation. If the children are above twenty-five, their amount of compensation is limited.

Parents may file for wrongful death damages only if they can clearly show they were emotionally or financially dependent on the deceased. Even then, parents can’t recover pain and suffering damages if their deceased child was above the age of twenty-five.

Let a Pensacola Wrongful Death Lawyer Help

Wrongful death claims can be complicated because there are often multiple claimants, and the injured party has already passed away. Legal guidance can help you determine whether you are eligible to file the claim and if so, what your share of the damages is.

Here at Gross & Schuster, P.A., we understand that the loss of a loved one is a tragic period. This is why we offer compassionate legal services to help you file a wrongful death claim and get fair compensation.

Call us today at 850-434-3333 to discuss your wrongful death claim in detail. You can also visit our website and submit a contact form to get in touch.

About the Author:

Gross and Schuster, P.A.

In Pensacola and the surrounding communities, the law firm Gross & Schuster, P.A. works with clients and referring attorneys to deliver comprehensive legal representation on a personalized basis. If you have been injured in a car crash or other accident, our lawyers can provide the guidance and representation you need to protect your rights and seek justice. ... View full business profile here: Gross and Schuster, P.A.

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