Florida Wrongful Death Attorney

The personal representative of the estate of a deceased person is authorized to file a lawsuit when someone dies through the negligent act of another. This is called a wrongful death claim. Wrongful death cases can arise from any type of personal injury case such as medical malpractice, automobile accidents, airplane accidents, dog mauling cases, slip and falls, and all other torts.

Wrongful death claims in Florida is purely based on statutory law, namely Fla. Stat. 768.16 through 768.26 codify the Florida Wrongful Death Act (the “Act”). The Act is remedial in nature and therefore the Courts are to construe the statutes liberally. As an example, a personal representative may bring a wrongful action when the tortuous act of another causes your family member’s death. Unlike other personal injury claims, wrongful death claims should be preceded by an estate opened in probate court.

Know your rights through the help of a Wrongful Death Attorney

Once a wrongful death occurs, the pre-death tortuous claim is extinguished so that no simultaneous right of action under the Wrongful Death Statutes exist. Because a cause of action under the underlying personal injury claim is extinguished, the statute of limitations for the wrongful death claim prevails. The statute of limitations for a wrongful death claim is commonly less than the underlying personal injury claim. Accordingly, it is imperative that you seek immediate action from our Firm to avoid losing legal rights and remedies.

Have you or someone you loved suffered a wrongful death?

Contact Tucker Law today to learn more about the legal rights afforded to wrongful death victims and their families. The Firm provides wrongful death victims and families with a FREE case review. The Firm offers a no risk FEE guarantee. Ask about it today. Call 1-844-4-TUCKER or complete a Free Case Evaluation Form today.