What are the requirements for filing a wrongful death lawsuit in Tampa?
When accidents are severe and cause large amounts of damage, there is always the possibility that someone can die. The law does provide remedies for the families of those who have endured the death of a relative in an accident.
Deadly car accident in Tampa
The Hillsborough County Sheriff’s Office responded to a report of a crash with one vehicle left at the scene. The accident happened at the intersections of Manhattan Ave and Broad Street in Tampa, and it is believed to only be a single car crash at this point. Manhattan Ave between Sligh and Waters Ave stayed closed while the accident was investigated and the wreckage was cleared. The area was expected to reopen before rush hour traffic begins to go through the area.
The single occupant of the vehicle was dead when police arrived, and it is unclear whether any others were involved or injured at the time of the report.
More information about the cause of the accident and any other possible victims was still being gathered.
What is a wrongful death claim?
A wrongful death action is a special type of civil lawsuit that essentially allows other family members to collect money on behalf of the deceased plaintiff. In many ways, it is similar to a standard personal injury lawsuit, but the rules are changed to allow a person to file a lawsuit even if they are no longer around. There are also ways for the family of the deceased to be compensated for expenses related to a funeral and burial. This is in addition to damages available in most civil cases for losses such as medical treatment, lost and wages and missed time for work, along with non-economic damages for pain and suffering.
Florida’s wrongful death statute
Florida has certain rules regarding wrongful death actions just like every other state. The most important is a shorter statute of limitations. A wrongful death case must be brought within two years of the discovery of the deceased person, otherwise the lawsuit is barred. There are only a few ways to file a case later, such as if the family was unaware of the death when it initially occurred and the incident was only discovered at a later date. The cause of the death can be related to an intentional act, negligent act, or breach of contract by a person or entity such as a business.
The are also restrictions within the state regarding who can file the claim on the dead person’s behalf, as only certain family members can do so. The claims are limited to parents, children, spouses, or an adopted or blood relative who was financially dependent on the deceased person for support. Other family members and relatives are generally not allowed to bring the lawsuit unless certain special circumstances apply.
Speak to an attorney in your city after a fatal accident
If someone in your family has recently died in any kind of accident, it is possible to get help from a lawyer and be compensated for your expenses. Larson Johnson Trial Attorneys are available to file a lawsuit on your behalf in Tampa and surrounding parts of Florida.
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