Homestead Wrongful Death
When a person dies because of someone else’s actions, the victim’s family can file a wrongful death lawsuit with a Homestead wrongful death attorney. Wrongful acts include negligence (such as careless driving or inadequate security), an assault or attack, battery, death as a result of another crime, vehicular manslaughter, manslaughter and murder.
Florida laws dictate that a wrongful death claim must be filed by a representative on behalf of the survivors. The representative (usually a family member) has suffered damage from the victim’s death and is usually the executor of the decedent's estate.
In order to file a successful wrongful death lawsuit, the representative must prove two things:
- Their loved one's death was caused by someone else's negligence, recklessness or deliberate act.
- They suffered measurable damages because of their loved one's death.
According to Florida law , surviving family members are eligible to collect the following types of damages after establishing their loved one's death was due to a wrongful act:
- Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death
- The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
- Minor children of the decedent, and all children of the decedent, if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
- Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering, if there are no other survivors.
- Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
- Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest.
- Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent.
Wrongful death lawsuits can be brought against more than just a single at-fault individual. Companies, government agencies and employees all can also be sued for wrongful death. For example, in a car accident involving a vehicle with a faulty part and a drunken driver, a wrongful death action might include defendants such as:
- The drunken driver
- The manufacturer, distributor, designer or installer of the faulty part of the automobile
- The vehicle dealer or persons who sold the automobile
- Persons who served, sold or gave alcohol to the impaired driver
- The owner of the premises where the alcohol was served
In Florida, if you have a valid wrongful death claim, a probate estate will need to be opened and a personal representative appointed. That personal representative will bring action on behalf of the estate and the individual survivors. The Homestead wrongful death attorneys at Friedman, Rodman & Frank will assist you in opening the estate and appointing a personal representative. Our experienced wrongful death lawyers in our Homestead office can review your situation, answer your questions, evaluate your possible claims and help you take appropriate action.
Losing a loved one is an extremely sensitive matter and when that loss is because of the carelessness or deliberate wrongdoing of others, you may be entitled to compensation for that loss. The lawyers at Friedman, Rodman & Frank approach each case as unique and individual. Our Homestead wrongful death attorneys will treat your case with the utmost compassion, respect and understanding. At Friedman, Rodman & Frank, we help families across Homestead navigate the legal process, while protecting their rights. We have the extensive knowledge, experience, and skill needed to examine your legal options and seek fair compensation for your loss. To learn more, contact us online or at our Homestead law offices by calling 305-247-7887 or toll-free at 877-448-8585.