Wrongful Death

While legal recourse may not be the first thought of those who have lost a loved one at the hands of someone else, it is important for survivors of the passed to consider consulting a wrongful death attorney as soon as possible.

As well as the significant and lasting emotional effects of losing a loved one, families may also face new financial struggles without the support of the deceased. Our firm will fight for our clients to receive the compensation owed through instituting a wrongful death lawsuit which can help to ease these unanticipated monetary burdens.

However, there is a Statute of Limitations(time limit) for submitting wrongful death claims. This time limit may differ depending on the appropriate forum for filing your lawsuit and once it expires, courts will very rarely allow wrongful death lawsuits to proceed.

Our firm will stop at nothing in our dedication to recovering compensation that recognizes the value of the deceased's life and will assist surviving family members in their recovery from the loss. If a loved one has passed unexpectedly, please feel free to fill out our free case review form today and see if one of our firm might be able to provide some assistance in this trying time.

Components of a Wrongful Death Claim

Wrongful death occurs when negligence, recklessness, or deliberate behavior results in a fatality. Negligence refers to the failure of an individual to behave how a reasonably prudent person would have acted under similar circumstances. To establish that a wrongful death occurred, an attorney must prove that the individual had a duty of care to the deceased, their act or omission breached that standard of care, their wrongful actions were the proximate (direct) cause of the injury or death of the decedent, and damages resulted.

Often, successful wrongful death lawsuits stem from instances where the following exist:

• Motor-vehicle Collisions

• Workplace Negligence

• Complications at Birth

• Truck Accidents

• Medical Malpractice

Compensation for Wrongful Deaths

Florida courts will consider a number of factors in it's effort to determine the amount of damages owed to the survivors of a wrongfully deceased. Such factors include the relationship between the survivor and the deceased, the amount of the deceased’s financial assets available to the survivor, the replacement value of the deceased’s services, and the life expectancy of all parties. As further explained below; a survivor’s relationship to the decedent may entitle them to certain compensation;

• Spouse: A surviving spouse may be due compensation for the loss of companionship, protection and for mental pain and suffering.

• Children: Minor children of the deceased may seek an award which factors in the loss of parental companionship, instruction, guidance and for mental pain and suffering.

• Parent: Each parent of a deceased, minor child may seek to recover damages for mental pain and suffering from the date of injury. Each parent of an adult child may also recover compensation for mental pain and suffering if there are no other survivors.

• All: Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, including interest on that amount, and future loss of support and services. In addition, medical or funeral expenses due to the decedent's injury or death may be recovered by the survivor who has paid for said expenses.

In addition to the aforementioned compensatory damages, a court may also choose to impose punitive damages. Punitive damages are appropriate in situations where the "at-fault" party’s intentional, reckless, or grossly negligent actions result in a wrongful death. These damages act as punishment to the offending party, as well as a deterrent to discourage others from behaving similarly in the future.

Our firm has the experience necessary to understand the hardships a family may face as the result of a wrongful death and are committed to seeking fair compensation for the bereaved.