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Title of the Law Article What to do when a wrongful death shatters a family’s well being

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Author: hallmark
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Word Count: 528
Date: Tue, 17 Aug 2010 Time: 9:24 AM
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Dealing with a death in the family is traumatic. It becomes all the more difficult for the near ones if it was a premature death and someone else was responsible for it. If you consider the incident as a ‘wrongful death’, it is imperative to consult an experienced injury attorney in this regard.

Consider an attorney working in your city. Florida has specific laws pertaining to wrongful death. Every attorney practicing in the state can handle your case. However, opting for an attorney working in Tampa instead of one in any other city helps to avoid the hassles when meeting him/her.

Here are the basics of this category of civil law.

What is wrongful death? When the negligence or wrongdoing of an individual or organization results in the death of an individual, it is considered as wrongful death. Examples would help clear the idea.

- Death because of the negligence of a medical practitioner
- Death because of wrong treatment at a hospital
- Death because of an auto accident
- Death because of a workplace mishap
- Death because of a defective product

Who can file a case? As per Florida laws, it is the responsibility of the personal representative of the deceased to file the case. The spouse, children, parents, and other blood relatives may file the case at a court of law.

When does one file a case? It is quite natural that you feel lost because of the death of a loved one. However, it is essential to keep in mind that Florida laws require you to file a wrongful death case within 2 years of the incident. Moreover, the evidence to support your claim may also be destroyed if you are late to initiate legal proceedings.

Who is eligible to get the compensation? Florida laws and statutes dictate that the ‘survivors’ of the deceased are eligible for compensation.

In most instances, the spouse and children of the deceased are the beneficiaries. In their absence, the parents may obtain the compensation (if there are no other survivors). This field of law requires proficiency in the state laws and local dictates. Discuss the issue with an experienced Tampa Injury Attorney and work with him/her to reach a resolution.

How do you calculate the claim? The claims need to include economic damages like the medical costs incurred, the loss of financial support that was supposed to be provided by the deceased and so on. The loss of companionship and mental anguish of the survivors are the non-economic damages within the claim.

Who gets which part of the compensation? Talk to an injury attorney in Tampa. Every one of the survivors is eligible to receive the estimated loss of support and services that the deceased was supposed to provide as per the Florida laws. Apart from the financial damages, the spouse and children are eligible for compensation for mental trauma, loss of companionship and protection, and so on. Visit 800 Tampa Lawyer Directory and choose the best injury lawyer’s profile.


About the Author

Mark Hall is a legal consultant with expertise in personal injury and wrongful death laws. He offers guidance on how to find a suitable Tampa Injury Attorney if you face a similar situation. His recommendation is that you check out http://www.tampatriallawyers.com for further details.

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