Florida Wrongful Death Attorney

Florida tort law recognizes that the wrongful death of a person can result in all sorts of personal and financial hardship for surviving loved ones. For this reason, Florida law allows certain surviving family members to bring a claim for damages when a person dies due to the negligence or intentional wrongdoing of another party. If you intend to bring such a claim, contact a wrongful death attorney for guidance.

You can reach us 24/7 by calling 813-440-2700. The consultation is free and no fees will be charged unless you win.

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Who Can File a Wrongful Death Claim in Florida?

In Florida, only the personal representative of the deceased’s estate can file a wrongful death claim. Sometimes the deceased will name a personal representative in their will or estate plan. If there is no will or estate plan, the court will appoint a personal representative.

The following family members can seek damages in a Florida wrongful death case:

  • Spouse, children, or parents
  • Blood relatives
  • Adoptive siblings
  • Adult children if there’s no living spouse
  • Parents of minors

Sometimes wrongful death cases are confusing when it comes to who can file the claim and who should receive damages. At Capaz Law Firm, we offer free, no-obligation legal consultations to discuss your case. During this consultation, we can evaluate all facets of your case and help you to take the next steps.

What If the Offender Faces Criminal Charges?

It’s possible that the person who caused your loved one’s death is also facing criminal charges in addition to the civil claim. This could be the case if the death was the result of a drunk driving crash or a violent act.

The civil and criminal cases are separate. Although they can run concurrently, the outcome of one doesn’t depend on the other. However, at times, a criminal conviction can often help the family win the civil wrongful death lawsuit.

Even though you or other family members may receive money from a victim’s assistance or another type of fund, it may not be nearly enough to compensate you for your loved one’s death or pay their medical bills or other debts. The best way to do this is to hire a Florida wrongful death attorney who can advocate on behalf of your deceased loved one and family for the justice you deserve. Don’t let a criminal case keep you from seeking civil justice and compensation on behalf of your family member.

Damages Available in Wrongful Death Claims

Under the Florida Wrongful Death Act, the deceased’s personal representative must be the only party to bring about the claim. The law allows the personal representative to bring a claim for the benefit of the decedent’s estate and the survivors.

Recoverable damages may include:

  • Burial and funeral expenses
  • Medical expenses related to their death
  • Lost wages and income
  • Mental pain and anguish
  • Value of lost support and services

Seek Help from a Florida Wrongful Death Attorney

Losing a loved one is difficult even under the best circumstances and even if it was expected. We understand your grief and want you to know that we are here for you. Our compassionate Florida wrongful death lawyers pursue every avenue to make this time easier on you and maximize the compensation you and your family can receive. Call us at 813-440-2700 today or use our online contact form to schedule a free wrongful death consultation.

Million Dollar Advocate Forum Attorney Member

Million Dollar Advocates Forum ®

Dereck Capaz is a proud member of the Million Dollar Advocates Forum. The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.

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Super Lawyers Attorney

Super Lawyers

Dereck Capaz was selected for inclusion and named in the 2009 – 2015 editions of Florida Super Lawyers.

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AV® Preeminent™ Rated

Dereck Capaz has earned the AV-Preeminent Rating for legal proficiency and ethical standards from Martindale-Hubbell and lawyers.com.

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