Wrongful Death – Florida Law and Wrongful Death

BY MELANIE WALTERS

When wrongful death cripples a family both financially and emotionally, they are entitled to seek compensation for damages. The death of a provider or other loved one by someone else’s negligence is a serious issue and one that the state of Florida treats as such. Medical malpractice, vehicle accidents, plane crashes, slips and falls, accidents in the workplace, and death by defective or hazardous product, are all considered to be causes of wrongful death. Florida also includes death on “navigable waters” in its statute, as over the years many boating accidents have been the cause of wrongful death.

The Florida Wrongful Death Act

The Florida Wrongful Death Act, amended in 2009, provides for the spouse, parents, children, and any adopted children or adoptive parents to claim for wrongful death if their loved one’s death is caused by negligence. The law also allows for a child born out of wedlock for the mother, but not the father to claim, and also includes any other relatives who may have been partly or wholly dependent on the deceased for support. These parties can claim for support which includes, but is not limited to:

  • Money
  • Contributions
  • Services normally performed by the deceased (yard work, home maintenance etc.)
  • Net personal or business income of the deceased
  • Pensions
  • Potential savings the deceased may have made if still alive

Different dependents may also be entitled to different compensation according to Florida law. For instance; each survivor is entitled to claim for the full amount of support or services the deceased would have provided in total had they lived, while a surviving spouse may also claim for pain and suffering as well as loss of companionship due to wrongful death. Children may also receive compensation for loss of parental companionship, guidance, instruction, and also mental anguish caused by the wrongful death of their parent. Funeral, burial, and medical expenses can be claimed by any family member who has paid them.

How Florida Attorneys Can Help With a Wrongful Death Claim

If you or someone you know have reached the stage the stage of filing a wrongful death lawsuit, it would be prudent to seek the services of a qualified attorney. The best place to begin looking for one is within your circle of family and friends. They may have used the services of a lawyer or law firm that they can recommend while giving a first-hand account of their performance. If no one within your social network knows of a satisfactory attorney, a non-profit referral service can provide leads.

These referral services are run by local bar associations, and can help you to find a Florida attorney with suitable qualifications and experience in wrongful death cases. Upon selecting a suitable representative, don’t shy away from asking them about their experience in this area. Ask how many wrongful death cases they’ve handled, what the outcomes were, and how much compensation you can expect.

It is not heartless to seek compensation or to be concerned about the amount of compensation you may receive in a wrongful death case. You and your family need to be provided for, and making sure that the sum you receive will cover your children’s educational and social needs, as well as keeping a roof over your heads is a responsible and noble thing to do in such circumstances. Monies received from a wrongful death settlement can never take the place of the love and joy your dear one brought you, but it can help them to rest in peace knowing that their family is looked after.

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