Filing a Florida Personal Injury Claim for Wrongful Death

You can proceed with a Florida personal injury claim if you suffered the wrongful death of a loved one. The wrongful death laws in Florida protect the rights of victims by ensuring that if a person caused wrongful death to another person, they should be held liable for their negligent and malicious actions. The deceased’s surviving family members are allowed to receive adequate financial compensation for the premature and wrongful death of their loved one. In 2019, around 48.3 million injuries were reported with 173,040 preventable deaths.

A wrongful death occurs when a person dies due to another person’s negligence or unlawful actions. Florida law states that wrongful death can also occur as a result of a violation of a contract or warranty of another person. In these conditions, certain individuals are entitled to seek damages by filing this civil claim. In Florida, only the deceased’s personal representative can file a wrongful death claim.

Who Can File a Wrongful Death Florida Personal Injury Claim?

For a Florida personal injury claim, the personal representative of the estate of the deceased is allowed to file the claim. On behalf of the surviving family members and the estate of the deceased, the only representative may file for a wrongful death claim. The individual will be listed under the deceased person’s will or estate plan. If there is no will or estate plan the court determines a representative for the case. Other persons may also be able to seek compensation for the wrongful death if they can prove some degree of dependency on the deceased at the time of their death.

What Leads to a Wrongful Death Claim?

Several actions can lead to a wrongful death claim. Following are the common causes that take to a valid claim.

  • Medical malpractice causing the wrongful death of a patient
  • Intentional criminal behavior taking the life of a person
  • Defective car parts causing an accident
  • Road hazards causing a severe accident
  • Car accidents killing a non-liable party
  • Drug prescription mistake causing death

If a person’s negligent or illegal actions claim another person’s life then a wrongful death claim can be filed in the state of Florida.

Who Can Receive Compensation in a Wrongful Death Claim?

The wrongful death law of Florida determines the exact beneficiaries who will be provided with the settlement in a wrongful death lawsuit. The economic recovery is awarded to all the deceased’s surviving family members, as their names are included in the claim. The following individuals are entitled to receive compensation in case of wrongful death.

  • Parents of the deceased
  • Surviving spouse of the deceased
  • Minor children of the deceased
  • Adult children without a spouse
  • The estate of the deceased
  • Any blood relatives

The losses any relative may recover will depend upon their relationship with the deceased. Each surviving member can recover a particular type of damages caused by the sudden wrongful death.

Recoverable Damages Under a Florida Wrongful Death Claim

According to the wrongful death act of Florida, the personal representative can only bring about the claim or the lawsuit for the benefit of surviving members and estate of the deceased. Following are the damages that can be recovered by the deceased’s estate:

  • Lost wages
  • Lost support due to the wrongful death
  • Lost services
  • Medical bills
  • Funeral expenses
  • Emotional distress (including individuals under 25 years)

Losing someone is a huge price to pay for another person’s negligence. Compensation cannot bring back the deceased yet it helps the surviving members to move on with their lives. The value of lost earnings that the person was expected to receive can also be recovered by the deceased person’s estate. Another recoverable is the respective net accumulation of the estate, this includes the worth of earnings the estate would have gained if the deceased was alive.

Wrongful death cases are brought by deceased’s relatives as they are civil claims. The government does not file these cases. The liability is only expressed in terms of financial damages in a wrongful death case. You can also file a criminal case for wrongful death. Criminal cases do not necessarily result in financial compensation rather they address different issues.

Get in Touch With an Experienced Attorney:

If you or someone you know suffered the tragic loss of losing a loved one due to another person’s negligence, you can file a Florida personal injury claim. Hiring our professional attorney will assist you in strengthening your case and achieving successful outcomes. Your attorney will collect crucial evidence for your case. We aim to obtain the maximum compensation you deserve.

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