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My loved one died in an accident. Do I have grounds for a civil claim?

When someone causes the wrongful death of another person, the surviving family members may seek financial compensation for various losses and damages. However, not every fatal accident merits legal action, and while you may be grieving the unexpected loss of a loved one, you may also want to know if you have grounds to move forward with a civil claim.

During a time of grief and upheaval for your family, you may also find yourself facing difficult issues, such as unexpected medical bills and financial losses related to the accident. It is possible that you may have a rightful claim to certain types of damages, and a Florida personal injury attorney can help you understand your options.

Building a strong wrongful death claim

A fatal accident is not the only necessary component of a wrongful death claim. While losing a loved one is certainly difficult, emotionally and financially, that does not necessarily mean that all of the elements of a valid wrongful death claim are present. In order to have a successful claim, the following factors must be present:

  • The death of a person
  • Fatality caused by negligence or harmful actions of another person
  • Evidence that surviving family members are suffering financially because of the death
  • Appointment of one person to act as representative of decedent's estate

While a car accident is often the most common reason for a wrongful death action, there are other reasons as well, such as:

  • Medical malpractice that resulted in the death of a patient
  • Deadly occupational hazard or toxic exposure
  • Airplane, boat or other type of motor vehicle accident
  • Accident during a supervised activity
  • Criminal behavior

While there is nothing that will bring back your loved one after an unexpected loss, recovering restitution can help your family deal with the financial fallout that often accompanies a fatal accident.

Your need for a strong legal advocate

During a time of grief and loss, you may not want to think about the legal complexities that come with a civil claim, but it is not a process you have to walk through alone. With the help of an experienced attorney, you can have needed assistance and support as you pursue damages for your losses.

When you start with a case evaluation from an experienced attorney, you can better understand your legal options and move forward with the most appropriate legal choice with confidence.

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Busciglio & Sheridan Law Group
3302 N. Tampa Street
Tampa, FL 33603

Phone: 813-302-1265
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