Wrongful Death Attorney
Wrongful Death Attorney Overview
Wrongful death cases are those unfortunate personal injury cases where the harm is so severe that the victim simply cannot survive the trauma. Such incidents may give rise to what is known as a “wrongful death” claim in the State of Florida. A wrongful death personal injury claim is unique because it is brought by the victim’s – also known as the decedent’s – survivors.
Survivors are immediate relatives like spouses and children who “survive” the decedent’s death. The law affords them the right to pursue those parties who are responsible for causing the death of their loved one. The entire purpose of Florida’s Wrongful Death Statute is to provide an avenue for a victim’s family to obtain compensation for the loss of their loved one, especially where the decedent provided financial and emotional support to those survivors.
who May Sue for Wrongful Death
Only the personal representative of the decedent’s estate can bring a wrongful death suit on behalf of the victim’s estate and all survivors. A personal representative is an individual, usually a family member, appointed by the Court. They must act in the interests of the deceased party and their family. As such, they are entitled to make decisions about the affairs of the decedent’s finances and legal rights after death.
Who qualifies as "Survivors" Under the Wrongful Death Act
There are specific rules on which individuals can make claims as survivors in the state of Florida. Barring some exceptions in certain circumstances, the following persons have recognized causes of action for the death of a family member:
- Spouses of the deceased, like husbands and wives
- Minor children of the deceased (those under 25 years of age at the time of the death) and in some cases, adult children
- Parents of the deceased
- Other relatives who depended on the deceased for financial support at the time of death
Proving Wrongful Death
Florida courts are filled with wrongful death cases resulting from car accidents, criminal attacks, boating accidents, medical malpractice, and everything in between. In almost all instances, the case was brought because a person or entity committed negligence which led to the victim’s death. Any Plaintiffs bringing a wrongful death action must demonstrate the necessary elements of the specific type of personal injury case which led to the decedent’s death. In virtually every case that means the decedent was:
- (1) owed a legal duty of reasonable care,
- (2) the defendant(s) breached that duty,
- (3) the breach caused the decedent’s injury and death, and
- (4) the decedent’s estate and family incurred damages as a result
This is a very fact specific inquiry. As such, you will want a diligent and experienced wrongful death attorney to conduct a thorough evaluation.
Recoverable Damages in Wrongful Death
Wrongful death survivors are entitled to recover the value of lost support and services, the value of future support and services, in addition to medical and funeral expenses incurred. The estate itself can recover what is known as loss of “net accumulations.” Net accumulations are monies which the deceased would have saved over time had they not passed, after paying their normal expenses and support obligations.
Additional damages may also include loss of the deceased’s companionship to spouses and children and parents, loss of the deceased parental instruction and guidance to children, and nearly all survivors may recover for mental pain and suffering. Even punitive damages are obtainable in cases where the tortfeasor’s conduct is particularly reckless or even intentional. Identifying all recoverable damages from a wrongful death is not as straightforward as it may seem; the statute is very limited and dependent on the circumstances of each individual case.
Summary
Chances are that you or your family are facing financial hardships and emotional distress from of the loss of a loved one. If that is the case then you may be able to seek financial compensation against the person or entity responsible. While a wrongful death lawsuit is not an easy or enjoyable process to pursue, it may be necessary because it is the only method available for surviving relatives to obtain any justice and financial relief that the death has now caused upon the family. This is an important decision and you should hire a wrongful death attorney who has handled these cases before. A good wrongful death attorney knows how to evaluate the case to ensure it is viable to begin with. Moreover, the attorney will appropriately navigate the surviving family members towards the best possible outcome.
The team at Santana Injury Law can get to work today on your claim and get you and your family the most compensation for your injuries. Call now for a free consultation with an experienced wrongful death attorney.
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