Florida Wrongful Death
Nothing is more tragic and devastating than losing a loved one. And the unexpected loss of a loved one because of the negligence or wrongdoing of others is especially painful.
In most cases, a wrongful death claim can be filed to help recover losses due to the death. This type of claim can be filed when a person dies because of the careless actions of another person. A wrongful death lawsuit is an action, based on Florida’s Statue 768.21, which only allows certain family members of a person who was injured and died as a result of a wrongful act to recover damages for lost financial and emotional support.
Individuals, corporations, businesses and governmental agencies all can legally be at fault for acting negligently and for acting intentionally, causing someone’s death. Wrongful death claims involve all types of fatal accidents such as car accidents, medical malpractice, theme park accidents, nursing home abuse, work injuries, murder, etc. Proving a wrongful death suit can be difficult. It’s important that you know all the facts and circumstances involving your case, have the names of any witnesses or anyone else closely related to the case and can describe any evidence that is connected to the case.
It is difficult to determine the amount of damages to be awarded because the circumstances of each case are unique. Damages can include lost wages, loss of future income, mental pain and suffering, and any other financial losses suffered as a result of the death.
Who Can Sue for Wrongful Death in Florida? Florida’s wrongful death statute defines who qualifies as a survivor, in some ways unfairly excluding those strongly affected by the death of a loved one. Survivors include:
- Decedent’s spouse
- Decedent’s children (including those who were adopted)
- Decedent’s parents
- Decedent’s blood relatives, but only those who were at least partially dependent on the decedent for support and services (including adopted brothers and sister)
Individuals who can obtain a recovery in Florida are called potential beneficiaries or survivors. As stated earlier, survivors are entitled to recover the value of lost support and services from the date of the decedent’s injury to their death, with interest, and the future loss of support and services from the date of death. They can also seek compensation for lost companionship, funeral and other miscellaneous expenses.
If you have a valid wrongful death claim in the state of Florida, you will need to open a probate estate and appoint a personal representative who will bring action on behalf of the estate and individual survivors. This personal representative is usually a spouse, parent, or another appropriate person. Our wrongful death claims attorneys can assist you in opening the estate and appointing a personal representative. Our experienced Miami wrongful death lawyers in our South Florida offices can review your situation, answer your questions, and conduct an appropriate investigation to determine the facts around your loved one’s death. They’ll evaluate your possible claim and help you take appropriate action.
Losing a loved one is an extremely sensitive matter, that’s why the lawyers at Friedman, Rodman & Frank are committed to helping families and friends who have lost loved ones due to the carelessness or deliberate wrongdoing of others. Our attorneys treat each case individually, with the utmost compassion, respect and understanding. As you can see, the rules in Florida are complicated. Only an experienced attorney with ample resources can successfully take on a wrongful death case. At Friedman, Rodman & Frank, we help families across South Florida navigate the legal process, while protecting their rights. Our attorneys have the extensive knowledge, experience, and skill you need to examine your legal options and seek fair compensation for your loss. To learn more contact us online or at our Miami law offices by calling 305-448-8585 or 877-448-8585.