Homestead Wrongful Death

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:

  1. Their loved one's death was caused by someone else's negligence, recklessness or deliberate act.
  2. They suffered measurable damages because of their loved one's death.
What Types of Damages Can Be Collected in a Wrongful Death Lawsuit?

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.
Who May Be Sued for a Wrongful Death?

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.

Client Reviews
Carolyn Frank and her firm represented me on a workers compensation injury case, under the defense base act. She did a excellent job from the moment I contacted her until 3 years later the case was settled. Every benefit I was entitled too, Carolyn fought hard to secure. E-mails and phone calls were always returned promptly. Definitely 5 star rating.
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I met Carolyn Frank about three years ago. Once I met her I knew she was the attorney I needed to handle my case.When we met with her the first time we were there for at least two hours. When I left her office I knew she was the right person to handle my case.At that time my case was 22 years old and I needed someone who knew what they were doing. This was a complex case and it fell under the Long shore Act..There are not many attorneys that handle this type of case in Florida. Mike P.
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