Florida Wrongful Death Law Firm
If a loved one is lost because of the negligence, fault, or recklessness, of another person or corporation, you can seek justice. A Florida attorney that focuses on personal injury and wrongful death claims can help you get justice.
In Florida, when someone dies as a result of the actions or negligence of another person, surviving members of the deceased’s family as well as the estate can pursue claims for wrongful death. Representing the most egregious form of Florida personal injury, wrongful death claims are civil cases — they do not assign criminal responsibility for the death. Instead, these cases seek redress in the form of money damages for the loss.
Many wrongful death claims in Florida arise out of fatal motor vehicle accidents, such as fatal car accidents, fatal trucking accidents, motorcycle accidents, and fatality pedestrian accidents. Although less common, wrongful death can also occur as a result of a slip and fall or injury that occurs on a commercial or public property.
If you have lost a loved one, and you believe that you may have a claim for wrongful death, call us for a Free, no obligation, and confidential consultation. Have your questions answered, so that you can make an informed decision.
In Florida, when someone dies as a result of the actions or negligence of another person, surviving members of the deceased’s family as well as the estate can pursue claims for wrongful death. Representing the most egregious form of Florida personal injury, wrongful death claims are civil cases — they do not assign criminal responsibility for the death. Instead, these cases seek redress in the form of money damages for the loss.
Many wrongful death claims in Florida arise out of fatal motor vehicle accidents, such as fatal car accidents, fatal trucking accidents, motorcycle accidents, and fatality pedestrian accidents. Although less common, wrongful death can also occur as a result of a slip and fall or injury that occurs on a commercial or public property.
If you have lost a loved one, and you believe that you may have a claim for wrongful death, call us for a Free, no obligation, and confidential consultation. Have your questions answered, so that you can make an informed decision.
Who Can File a Wrongful Death Claim in Florida?
In Florida, when someone is killed due to the negligence of a person or company, the family members may bring a claim for wrongful death to recover for their losses. These are civil claims, and the only recovery available are civil money damages. The Florida Wrongful Death Act, identifies the specific survivors or family members that are permitted to advance a claim for wrongful death. In Florida, the following family members can advance claims for wrongful death damages:
- Spouse
- Children
- Parents
What Damages (money compensation) can be claimed in a Florida Wrongful Death Lawsuit?
The surviving family members can recover for the loss of their loved one, including compensation for expenses they have paid such as funeral and burial expenses and medical bills. In addition, family members can claim for loss of support and services. The value of the loss of support and services, will depend on the relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor. In computing the duration of future losses, the joint life expectancy of the survivor and the decedent may be considered.
The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
The minor children of the decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
In addition to family members, the Estate of the deceased may also recover for loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
The damages or compensation that can be recovered in a Florida wrongful death case are complex. Speak to an experienced Florida wrongful death attorney to learn more about your rights.
The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
The minor children of the decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
In addition to family members, the Estate of the deceased may also recover for loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
The damages or compensation that can be recovered in a Florida wrongful death case are complex. Speak to an experienced Florida wrongful death attorney to learn more about your rights.
How much time do I have to start a wrongful death case?
Like all areas of civil litigation, wrongful death claims are governed by statutes of limitation. Time is never on your side following a serious injury or loss of a loved one. In wrongful death suits, there are only 2 years within which to commence a lawsuit. It is best not to delay and get advice early. Although you and your family need time to grieve the loss of a loved one, do not delay in speaking to a wrongful death attorney. There are important steps to take early in the process to ensure that the rights of you and your family are protected.
Examples of Wrongful Death Cases
Wrongful death cases can arise out of accidents and injuries including the following:
- Car and Truck Accidents
- Motorcycle Accidents
- Medical Malpractice
- Nursing Home Negligence
- Defective Products
