Wrongful Death Attorney – Serving Pasco & Hernando County, Florida
Our personal injury lawyers are a compassionate, yet aggressive team of wrongful death attorneys representing clients in Pasco and Hernando County, Florida. If you are a qualified person who has suffered losses from the death of a loved one due to negligence, you may be entitled to file a wrongful death claim, or civil lawsuit.
Florida Statutes section 768.19 Governs Who May Bring a Wrongful Death Claim Against Another Person or Entity.
When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty 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 or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony. (Source: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.19.html)
Do You Qualify to Recover Damages in a Wrongful Death Claim?
Typically, wrongful death claims are filed by family members of the deceased person who has passed away due the negligence of another. The following lists the qualifying relationships to the deceased.
- Children, spouse, and parents of the deceased
- Any and all blood relatives and adoptive sibling or siblings who are deemed partly or wholly dependent on the decedent for support or services.
Wrongful Death Claims and Lawsuit Time Limits in Florida
Typically in Florida, a wrongful death lawsuit must be filed within two years of the date of death. Florida Statutes section 95.11(4)(d) provides additional information about the time limits. There are some circumstances that will allow the deadline to be “tolled,” or postponed, however, you must consult with a Pasco County, Florida wrongful death attorney to determine if your case would qualify.