The Florida Wrongful Death Act states that losses resulting from a wrongful death should shift from the survivors to the responsible party. The Florida Wrongful Death Act defines a survivor as a spouse, child or parent and any relative or adoptive sibling that was dependent on the deceased for support or services. Under this Florida wrongful death law, support can be defined as contributions, including money. Services refer to tasks, usually household duties, which will become an expense to survivors as a result of the wrongful death. If a child is born out of wedlock, the deceased father must have paid child support for the child to be covered under the Florida Wrongful Death Act. This does not apply if the mother is the deceased.
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Unfortunately, many argue that the Florida Wrongful Death Act does not properly cover the death of an elderly relative caused by medical malpractice. For example, if a 65-year old widow passes away because of medical malpractice, the only damages that children over 25 can recover are medical and funeral expenses. In addition, unwed adults without children under 25 and elderly people without spouses who die as a result of medical negligence are also neglected by the Florida Wrongful Death Act. However, since these limitations only refer to medical malpractice, family members can still seek wrongful death damages if their elderly loved one's death results from another type of negligence.
If you believe you may have a wrongful death claim, it is important to seek the guidance of a Florida wrongful death attorney. At Morgan and Morgan, we have knowledgeable Florida wrongful death lawyers who can help you seek compensation if your loved one has died because of another's negligence or recklessness. Do not hesitate to contact us today.
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