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Wrongful Death Attorneys
A loved one has passed away due to the negligence of another. A life is gone and the lives of the remaining loved ones are changed forever. Typically, taking legal action is the furthest thing from the minds of the survivors during this time of mourning. However, when taking care of the affairs of the deceased, it is imperative that you investigate whether a wrongful death lawsuit should be pursued. The loss of a loved one can leave the survivors with a significant financial burden. A wrongful death lawsuit may assist with this financial burden and loss of income.
Florida Wrongful Death Act
In Florida, the Florida Wrongful Death Act allows the survivors of the deceased to bring a lawsuit on behalf of the deceased. The Florida Wrongful Death Act states that it is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the deceased to the wrongdoer. In other words, the State of Florida expects those who are negligent in causing the death of another to pay damages to the remaining survivors.
Who can bring a lawsuit?
Pursuant to the Florida Wrongful Death Act “Survivors” are defined as the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.
What is considered a wrongful death?
When a wrongful act, such as the negligence, default, or breach of contract or warranty of any person causes the death of a person and the event would have entitled the person injured (who has since died) to maintain an action and recover damages.
When can I bring a wrongful death lawsuit?
In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. In other words, a wrongful death lawsuit must be brought within two years of the decedents death. Although there may be some exceptions to this rule, it is always best to investigate the action prior to the expiration of the statute of limitations.
How do I file a Wrongful death lawsuit?
To learn more about your options after an unexpected death, please contact our office and one of our wrongful death attorneys will be happy to speak with you. There is never a charge for a consultation with one of our wrongful death attorneys. In the event that we are able to assist you, there is never a fee or cost unless and until we recover money for you.
What Damages am I entitled to as a Survivor?
Loss of Support & Services: Each survivor may recover the value of lost support and services from the date of the deceased’s injury to his or her death and the future loss of support and services from the date of death.
Loss of decedent’s companionship: The surviving spouse may recover for the loss of companionship and protection and for metal pain and suffering.
Loss of parental companionship: The children of the deceased may recover for the loss of parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
Pain and Suffering for surviving parents: Each parent of a deceased minor child may 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.
Medical or Funeral Expenses: Medical or funeral expenses due to the decedent’s injury or death may be recovered.
Loss of Earnings: In addition to lost support and services, the decedent’s personal representative, in certain situations, may recover for loss of earnings of the deceased from the date of injury to the date of death.
Punitive Damages: Punitive damages are appropriate in situations where the wrongdoer is found to be personally guilty of intentional misconduct or gross negligence.
What are common causes of wrongful death lawsuits?