Florida enacted the Wrongful Death Act to protect loved ones who are wrongfully deprived of a loved one due to another person’s negligence. A wrongful death claim is a civil action that can be made by the surviving family of someone who has died due to the misconduct or negligence of another person or company. The amount recovered in a wrongful death lawsuit is meant to ensure that the surviving family members do not have to suffer any undue financial hardships because of a loved one’s untimely death.
Wrongful death claims can be the result of:
· Motor Vehicle Accidents
· Defective Products
· Medical Negligence
· Workplace Injuries
· Unsafe Premises
· Defective Pharmaceuticals
· Nursing Home Neglect/Abuse
The following is allowed under the Florida Wrongful Death Act:
1. A living spouse can recover damages, including compensation for pain, suffering, and loss of companionship.
2. A living spouse can recover the value of any lost economic support from his/her spouse’s death, especially if the deceased was the primary income earner.
3. Living children under the age of 25 can collect damages for mental anguish, pain and suffering, and loss of a parent.
4. Living children who were dependent on the deceased can recover the value of any lost economic support.
5. If the deceased was employed at the time of their death, the income and assets that they would have acquired during their lifetime is eligible for compensation.
6. Surviving family members can recover costs associated with medical care that was the direct result of another’s negligence.
7. The deceased’s estate or family can recover any costs associated with funeral and or burial expenses associated with their loved one’s passing.
It is important to first establish negligence in a wrongful death case, then seek the appropriate damages, all within the time limits allowed under the Wrongful Death Act. Failure to act in a timely manner may result in an inability to file a claim or recover any damages.
To file a Wrongful Death claim correctly, it is important that you first speak to an experienced Wrongful Death Attorney with a proven track record of success. An experienced attorney can help you and your family claim the compensation owed to you due to another’s negligence. While no amount of money can offset the loss of a loved one, a wrongful death claim can lessen your burden and help you get your life back together.