When the Death of a Loved One Leads to a Wrongful Death Claim

By Graver Injury Attorneys

It’s not easy going through the loss of a loved one; much less a wrongful death.

For, it is ever more painful when a loss of this magnitude is caused by someone else’s negligence or action.

Unfortunately, the totality a loss of this magnitude brings is often felt both emotionally and financially; it can be draining. For, the circumstances surrounding the pain experienced from such a loss may be even harsher to deal with if you are not prepared.

So how do you know if you are able to hold another person or company accountable through a wrongful death claim?

Here is what you need to know about wrongful death claims in Florida and how an experienced attorney can help you navigate through the unknown.

Let’s start by answering some basic questions:

What Constitutes A Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed on behalf of an individual whose death resulted from a wrongful act or negligence.

The Florida Wrongful Death Act  states that a lawsuit can be filed when the death of a person is caused by the wrongful act, failure to act, or negligence.

WHO CAN FILE A CLAIM ON BEHALF OF THE DECEASED?

Spouses
Children up to age 25
Parents
Blood Relatives
Survivors financially dependent on the person who died

HOW ARE MONETARY DAMAGES ARE AWARDED IN FLORIDA FOR A WRONGFUL DEATH SUIT?

The wrongful death act (F.S.768.21) outlines how damages can be awarded in Florida:

Recoverable damages by survivors may include:

  • Funeral and medical expenses that were paid by the decedent’s survivors
  • Loss of services and support
  • Mental pain and suffering for parents or from the minor children’s loss including companionship, protection and instruction

Recoverable damages by the decedent’s estate may include:

  • Medical and funeral expenses
  • Lost earnings
  • Loss of prospective net accumulations of the estate

WHEN TO HIRE A WRONGFUL DEATH ATTORNEY?

An experienced attorney will help you to evaluate if your particular circumstance qualifies as a wrongful death case; and also determine the best way to pursue it if it does.

Certainly, filing a lawsuit is something that can be costly and complex. In some instances, victims find themselves up against large corporations or individuals who are well prepared with legal representation and have both time and an abundance of money to keep a case in suit for years.

Therefore, an experienced attorney will know how to fight for justice in a timely manner, and also, ensure that you receive the maximum compensation that you deserve.

Contact an experienced attorney and law firm as soon as possible, if you believe you’ve been wronged due to the negligent loss of a loved one.