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Wrongful Death In Punta Gorda: Who Can File?

Punta Gorda residents who have lost their loved ones due to the negligence or misconduct of another party may file a wrongful death claim. While financial compensation cannot fully help one cope with grief, it may provide financial relief to cover medical bills, funeral expenses, and lost wages,

Types of Damages Covered

After establishing negligence, the amount of compensation to the aggrieved party will be determined. There are certain types of damages covered by a wrongful death claim. These include the following:
• Lost support and services from the date of the injury to death, as well as future losses due to the person’s death
• Medical expenses
• Funeral expenses
• Lost parental companionship (for minor children under 25 years old who lost their parents due to the accident)
• Emotional damages, including lost companionship, mental pain, and suffering
• Punitive damages if the conduct was intentional, malicious, or reckless

Who Can File

The filing of a wrongful death case is not something just anyone can do. There are eligible parties who can do it,
Under Florida law, the estate of a deceased person can bring a civil lawsuit to seek compensation for losses if the person's death is due to the wrongful act, negligence, default, or breach of contract of another party. 
If a case is raised in Punta Gorda, the estate should have a personal representative or wrongful death lawyer to present and initiate an official complaint in court. This representative will file a lawsuit on behalf of all eligible parties. 
Survivors who are eligible to be named in a wrongful death case include:
Spouse: If the deceased person was married, their spouse will be eligible to be named in the wrongful death lawsuit. The lawsuit will include damages for all eligible family members.

Children: Any child of the deceased may get compensation for lost support and services from the date an injury was incurred to the person’s death. That said, minors or those under the age of 25 are entitled to more compensation than adult children.

Parents: If the person who died is a minor under the age of 25, their parents may get compensation for lost support and services, future lost support and services, mental pain, suffering, as well as medical bills and funeral expenses paid under certain circumstances.

Blood relatives and adoptive siblings: If the deceased person’s blood relative or adoptive sibling was dependent on them, either partially or wholly, they may seek compensation for damages like lost income, pain, and suffering.

What to Do

If you have lost a loved one due to the negligence or wrongful act of another party, it would be best to contact an experienced Punta Gorda wrongful death lawyer. This way, you can have professional advice on what steps to take to ensure proper compensation. A wrongful death attorney can also represent you and other eligible parties in court. Contact All Injuries Law Firm now to learn more.