Questions We Often Hear About Wrongful Deaths In Florida

Dumas & Sanclemente, PLLC, is a distinguished law firm based in Lutz, comprised of trial attorneys renowned for their unwavering dedication to achieving justice for people who have lost family members. Founded in 2017 by accomplished trial attorneys Axel J. Dumas and Jonathan Sanclemente, our Tampa Bay area firm consistently earns respect from both clients and legal peers.

At our firm, we focus on serving people who have experienced injuries or losses due to accidents, including advocacy for family members in fatality cases. With a wealth of experience and a commitment to results, attorneys Dumas and Sanclemente lead our team in delivering solid outcomes for our clients.

Bring Us Your Questions

Below, we have provided some questions and answers about wrongful death claims and lawsuits. Schedule a consultation to discuss your concerns, such as these:

Who can file a wrongful death lawsuit in Florida?

In Florida, the personal representative of the deceased person’s estate is typically the one who files a wrongful death lawsuit. However, if there’s no appointed personal representative, the court may appoint one, usually a surviving spouse, child or parent.

How long do I have in Florida to file a wrongful death lawsuit?

The statute of limitations for filing a wrongful death lawsuit in Florida is typically two years from the date of death. It’s crucial to adhere to this deadline, as failure to file within this time frame could result in the loss of the right to seek compensation.

What types of damages can be claimed in a wrongful death lawsuit?

In a wrongful death lawsuit in Florida, various types of damages can be claimed, including economic damages such as medical expenses, funeral costs and lost financial support. Noneconomic damages such as pain and suffering, loss of companionship and mental anguish may also be pursued.

How is wrongful death proved in a lawsuit?

To prove wrongful death in a lawsuit, the plaintiff typically needs to demonstrate that the death was caused by the negligence, recklessness or intentional misconduct of another party. This often involves gathering evidence, witness testimony, expert opinions and other relevant information to establish liability.

Are wrongful death damages taxable?

In general, wrongful death damages awarded for actual financial losses, such as medical expenses and lost wages, are not typically taxable. However, damages awarded for noneconomic losses like pain and suffering may be subject to taxation. It’s advisable to consult with a tax professional for specific guidance on the tax implications of wrongful death damages.

Here To Address Your Long-Term Needs With Compassion And Skill

Visit us at Dumas & Sanclemente, PLLC, for the caliber of legal representation you seek for your potential wrongful death case. Our attorneys, proficient in English, French and Spanish, are committed to clear communication and full support for your rights and interests.

With our meticulous attention to detail and track record of success, you can trust us to pursue the justice and compensation you deserve after the accidental death of a loved one. Call 844-400-2667 or complete an online inquiry form to schedule a no-cost, no-obligation consultation with one or both of our wrongful death lawyers.