Tampa Bay Wrongful Death Attorney
The wrongful death body of litigation history is an interesting one for many people in Florida who may not realize that there is a civil path of obtaining damages even if a negligent party is already under investigation or part of criminal proceedings for the same actions.
This opens up a possible avenue for redress for those who have seen those they believe culpable even if they are exonerated in a criminal court. The reason is that civil courts handling wrongful death cases are decided based on a preponderance of evidence (51 percent in many jurisdictions), and not the “reasonable doubt” test that many criminal trials involving juries must prove.
While many states have allowed for the possibility of civil redress, that doesn’t mean that there are no restrictions on who can seek damages. Florida offers a pertinent example in the restrictions on family members and those related to the deceased.
As an example, let’s take an older parent who has died as a result of medical malpractice. While Florida offers the ability to obtain damages by minor children (in this case those under 25), the statute affords less protection under civil law for those who have become adults and are no longer dependent on their adult parent for support and services.
It also requires family members to demonstrate what their loved one may have been able to earn or save as a result of lost jobs due to their loss of life. These calculations can be uncomfortable for some, but are necessary and require records from the bereaved family.
At my firm, it’s my goal to help families retain some sense of financial stability in Tampa and throughout Florida even if a loved one can no longer provide it. The posts you find here will help show how to do that, and what information you need to make that happen..