Losing someone you love due to another person’s careless or reckless actions is heartbreaking, and you may left with financial concerns at a time when you deserve to grieve. Fortunately, the law provides a mechanism to recover compensation on behalf of your loved one.
Wrongful death claims are sometimes difficult to navigate, and strict deadlines apply. If you lost a loved one in an accident, call a Hillsborough County wrongful death lawyer to discuss your eligibility to file a claim. With an experienced personal injury attorney by your side, you could hold the responsible party accountable for their actions and protect your family’s financial wellbeing.
Defining Wrongful Death
When someone dies because of another’s wrongful act, default, breach of contract, or negligent action, the personal representative of the decedent’s estate could file a wrongful death claim. For a wrongful death action to be applicable, the breach must have been such that it would have allowed the deceased to pursue a claim for damages had they survived the accident.
Valid claims could arise out of motor vehicle collisions, workplace accidents, product defects, or medical malpractice. A wrongful death attorney in Hillsborough County could analyze a situation to determine eligibility to file a lawsuit.
Role of the Personal Representative in a Wrongful Death Action
The personal representative (PR) of the decedent’s estate plays a very important role in a Hillsborough County wrongful death action. The decedent may have identified the PR in their will, or if the decedent died intestate, the court may need to appoint one. The PR has the legal authority necessary to file the lawsuit on behalf of both the decedent’s estate and any surviving family members. Those family members could include the spouse, parents, children, or adoptive siblings of the decedent.
Recoverable Damages
The potential damages available in a wrongful death case are varied. For example, surviving family members of the decedent could recover compensation for:
- Loss of support
- Loss of companionship
- Mental distress
- Medical bills
- Funeral expenses
In addition to the surviving family members, the estate could also recover money damages for lost wages, loss of anticipated earnings, medical expenses, and funerals costs which the estate paid out. Punitive damages might also be available if the at-fault party acted in a particularly egregious manner.
A wrongful death lawyer in Hillsborough County could help the PR and surviving family calculate a fair value for their damages and fight for maximum compensation.
Call a Hillsborough County Wrongful Death Attorney Today
Losing a loved one in an accident is a traumatic experience that can affect family members for years to come. If you lost someone under these heartbreaking circumstances, an experienced wrongful death lawyer may be able to help you.
In wrongful death cases, insurance companies are often reluctant to pay, simply because the accident victim is no longer alive. Negotiating with adjusters can add frustration to an already difficult time in your life. Fortunately, a compassionate Hillsborough County wrongful death lawyer could serve as your advocate and pursue a favorable resolution of your claim.