Florida Woman Files Wrongful Death Claim Against Gas Station
A Florida woman has filed a lawsuit against a Tampa, Florida, gas station claiming they sold her son kratom capsules that resulted in his death. The woman claims her 27-year-old son died from the herbal capsules because they were defective.
The wrongful death suit alleges that the market sold the capsules without any safety warnings or instructions for safe use and their negligence resulted in the man’s death. The toxicology report shows that his levels of kratom were extremely high and if he hadn’t taken the pills he would likely still be alive today, according to the medical examiner.
What Is a Wrongful Death Claim?
In Florida, a wrongful death claim is a civil suit that can be filed when a wrongful act or negligence of a party results in the death of someone else. Florida Statute 768.19 says that the person’s death must be caused by negligence, wrongful act, breach of contract, or default of another entity or person. The estate of the person who has died may bring the suit to court in Florida and seek appropriate losses.
Who Can File a Wrongful Death Suit in Florida?
Laws in Florida require that the person who files the wrongful death suit be a representative of the person who passed away. The representative may be named in the estate plan or will, or in some cases, may be appointed by the court. Family members may recover damages in the suit, but must be either the deceased person’s child, parent, or spouse, or the adoptive sibling or blood relative who was at least partly dependent on the deceased person for services or support.
Florida Statute of Limitation in Wrongful Death Claims
There are certain time limits in which this type of suit must be filed in court, as well. The representative must file the suit within two years of the date of the person’s death pursuant to the Florida statute of limitations. There may be times that the deadline is postponed, but those exceptions can be complex, and it is best to consult with an attorney who is experienced in wrongful death cases.
Damages Available in Florida Wrongful Death Claims
Liability in such claims is expressed solely in terms of monetary damages. These damages are typically awarded to surviving family members, and may include the following:
- Loss of guidance, protection, and companionship that the deceased person provided.
- Emotional and mental pain and suffering caused by the loss of a child.
- The value of services and support that the deceased person provided to a surviving family member.
- Funeral and medical expenses that a surviving family member or the deceased person’s estate had to pay.
- Lost wages, earnings, and benefits that the deceased person would have made if they had survived.
Consult With an Experienced Wrongful Death Attorney.
The laws concerning wrongful death claims in Florida are confusing and complex, and almost always result in extensive paperwork and time in court. When you are grieving from the loss of a loved one, the last thing you should have to do is handle a claim of wrongful death on your own. An attorney with experience in wrongful death claims can take away that stress and handle the case for you so you can focus on your family and own recovery. The Florida attorneys at Leifer & Ramirez have the knowledge and experience to get you the compensation you deserve. Contact us today for a consultation.