wrenching when your loved one’s death was a result of negligence and could have been avoided. There is no time limit to grief and surviving family members respond differently. At this time in your life filing a wrongful death lawsuit may be the last thing to cross your mind.
Wrongful Death Claim
A wrongful death claim is when a family member sues another person, company, entity to hold them responsible for the negligence that ended up with you losing a loved one. In the state of Florida, wrongful death is under Statute 768.19 and states that, “when a person’s death is caused by the wrongful act, negligence, default or breach of contract or warranty” that the “estate” of your loved one can file a wrongful death lawsuit, but only under the following components:
● Conduct that amounts to a wrongful act, negligent behavior, default, breach of contract or warranty.
● The conduct upon which the cause of action is based must have caused the death of the decedent; and
● Such conduct must have entitled the person injured to maintain an action and recover damages if death had not ensued.
So in layman’s terms what does that mean? The person who is responsible for the negligent behavior (dependent) behaved in a wrongful or negligent manner and that behavior resulted in the death of your loved one. Lastly had your loved one not died, they would have been able to recover damages. While it can be a difficult process emotionally for the surviving loved ones, taking legal action will allow you to hold the negligent party liable and obtain costs you have pains and also for emotional damages. With the help of a qualified personal injury attorney like the team at All Injuries Law Firm, we can help you with the process and get the compensation you deserve.
Who Is Eligible To File Wrongful Death Suit
According to Florida Wrongful Death Act, the suit must be filed by a personal representative. The personal representative is determined by the deceased loved ones last will and testament. If there is no will, the personal representative is appointed by the court. So which family members are entitled to recover damages from a wrongful death claim?
● Spouse of the deceased
● Child born outside of wedlock of the mother or father (if it can be established that said father has assumed responsibility for support of the child)
In addition Florida statutes also state any blood relative or adopted sibling who is, “partly or wholly dependent on the decedent for support and services. For example, if the deceased’s brother lived with him, and the deceased cared for him financially and assisted him with college tuition, he is wholly dependent on his brother for support, therefore eligible.
Damages From A Wrongful Death Claim
The state of Florida has definitive categories of the type of damages that can be compensated for under the Wrongful Death Statute. Florida law stated that the estate and the surviving family members can recover damages. These include:
● Medical bills
● Funeral expenses
● Lost wages and benefits
● Any other earnings including future earnings
● Loss of inheritance
● Mental and emotional pain and suffering
● Loss of consortium and companionship for the spouse.
● Minor children can also be awarded damages for the lost benefits of their relationship with the deceased loved one.
If the death of the loved one was due to intentional, reckless and malicious conduct, the court may also assign punitive damages. These damages are specifically designed to punish a certain behavior.
Wrongful death cases are some of the most challenging, as to what you should be compensated for, how much and whether to request punitive damages. The attorneys at All Injuries Law Firm spend hundreds of hours preparing, determining in as much detail as possible each type of damage that you deserved to be compensated for. For more than 30 years we have represented thousands of clients in wrongful death lawsuits. Contact us today to let the caring legal experts help you recover financially at this painful and stressful time. While we cannot bring your loved one back, we can make sure that the person responsible compensates you for all that you have lost. Call us today.