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WRONGFUL DEATH
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Under Florida Law, when the death of a person is caused by the wrongful act, or negligence of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages  if death had not ensued, the person that would have been liable for damages had death not ensued shall be liable for damages as specified in the Florida Wrongful Death Act.
Wrongful Death occurs when a person dies due to the negligence of another. The action for wrongful death must be brought by the decedent’s personal representative, or as many people know it, the executor of the estate. The personal representative or executor brings the claim on behalf of all the decedent’s survivors who are legally entitled to recover damages. Hudgins Law Firm is a Clearwater wrongful death attorney assisting families and individuals who are victims of wrongful death.
Further, the estate itself has claims for medical and funeral expenses and lost net accumulations of the person who died. The survivors who can recover are defined in the Act and may include the decedent’s spouse, children, parents, and any other blood relatives who are dependent upon the person who died for their support.
The damages that may be recovered are specified in the act. We would be pleased to discuss any wrongful death claim you might have and advise you as to the applicability of the various provisions of the Florida Wrongful Death Act.
A wrongful death claim arises from the death of an individual that was caused by the conduct of another. This lawsuit is different from other types of personal Injury claims because the actual victim (the “decedent”) is not bringing the lawsuit, rather it is the family member’s or the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. The purpose of a wrongful death suit is to provide relief to family members who have been injured financially as a result of the family member’s death.
The shock of losing a loved one can leave a family both emotionally and financially devastated. Knowing that your family member’s death could have been prevented if another person had been more cautious or responsible makes the situation even harder to deal with.
We are committed to helping families who have lost a loved one due to negligence on the part of another. We welcome you to discuss your matter with a one of our attorneys to learn more about your legal rights and options in this matter. We fight tirelessly to represent our client’s interests while providing personal attention every step of the way.
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