If a loved one has been the victim of an unfortunate accident at the negligent hands of someone else, you and your family should contact one of our attorneys to determine if you are eligible for damages under Florida law. Wrongful death can occur from one of the following, and more:
A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing suit, rather it is the family members or the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim.
Florida law requires a personal representative of the decedents estate bring any claims against negligent parties. This person is most commonly a spouse, parent or child. A Florida wrongful death attorney can help you determine what damages you may be eligible for and the best course of action to seek them.
The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death. The plaintiff in a wrongful death action is the personal representative of the decedent.
Damages in wrongful death cases are intended to compensate for losses resulting from the death of a family member. Some losses are measurable – a widow in a wrongful death suit, for example, could seek to recover the financial support that she would have received had her spouse lived. Other damages are more general in nature. Types of recoverable damages include:
- Direct Expenses– medical bills and funeral costs.
- Loss of Benefits– what the person could have received in pension/retirement benefits had they lived.
- Loss of Future Earnings– what the person who died would have earned in salary if he or she had lived.
- Loss of Companionship– what the person who died would have emotionally provided to a relationship, and the mental pain and suffering resulting from the decedent’s death.
- Punitive Damages– what amount the defendant should be punished for his or her action resulting in the victim’s death.
In Florida wrongful death cases, special consideration is given to the statute of limitations. Generally, you have two years from the time of the decedent’s death to file a law suit.
Do not delay. Contact one of our experienced wrongful death attorneys today for a free case evaluation. Our attorneys and professional staff know that this bringing a wrongful death claim is difficult and we will make every effort to see that all your needs are met. Our staff can assist you with every aspect of the case, including funeral arrangements and setting up an estate to appoint a personal representative.
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1132 SE Third Avenue
Fort Lauderdale, FL 33316
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Miami, FL 33131
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