Wrongful Death

"Wrongful death" is a death caused by the misconduct of another person or entity. That misconduct can be anything from an intentional reckless act to one of fleeting negligence. The act can be carried out by one person or a corporation such as a drug company. By law, survivors of the deceased are entitled to receive compensation for a wrongful death. This is very similar to someone being compensated for an injury caused by some sort of wrongdoing.

To find out if you can recover for losses related to your loved one's death, contact our wrongful death lawyers today by completing our free case review form.

Laws addressing who is entitled to recover wrongful death damages vary by state. Usually, this list of beneficiaries includes a spouse and young children. In Florida, children above the age of 18 are able to receive Florida wrongful death damages under certain circumstances. The estate of the deceased is normally allowed a recovery for certain elements of damage.

Florida Wrongful Death Act

Florida is one of several states that treat relatives other than those previously mentioned as statutory survivors providing they relied on the deceased for support. These survivors are listed under the Florida Wrongful Death Act. Losses survivors can be compensated for differ by state and are based on the survivor's relationship to the deceased. For example, a husband or wife is typically compensated for the loss of the deceased spouse's love, friendship, support, and services for the duration of their joint life expectancy. In another example, a child is eligible for compensation for the loss of direction, affection, support, and services that would have been offered by the deceased parent. Children in their 20s are often included in this category.

The purpose of wrongful death law is to recover the damages endured by each survivor. The estate is also entitled to recover the future value of the net accumulations that the deceased would have amassed had the wrongful death not occurred.

Finally, medical and funeral bills are usually recoupable by the estate or the survivor who has paid or is compelled to pay them.

Causes of Wrongful Death

There are a variety of accidents that can lead to a wrongful death. The most common causes of wrongful death in Florida and nationwide include the following:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Medical malpractice
• Defective drugs or products
• Workplace accidents

These accidents, among others, may warrant the filing of a wrongful death claim. To find out if our wrongful death attorneys can help you pursue compensation for your loss, fill out our free case review form today.

Wrongful Death Lawsuits

In a wrongful death lawsuit, the attorney must be able to prove that the death occurred as a result of the negligence of another person or entity. The wrongful death lawyer must also be able to prove that the surviving relatives of the deceased have suffered financial losses as a result of the death. Lastly, to have a valid wrongful death claim, a personal representative must be appointed to bring the case.

Wrongful death lawsuits have the potential to award financial compensation to the deceased's loved ones. Among the recoverable wrongful death damages are medical bills, funeral expenses, loss of consortium, and loss of anticipated earnings. In wrongful death cases where the defendant's actions were particularly outrageous, punitive damages may also be awarded. Punitive wrongful death damages are not awarded in every case and are intended to punish the defendant for their actions, rather than compensate the victim for their economic and non-economic losses.

Wrongful Death Statute of Limitations

Every state has a limit on how long a person can wait before filing a wrongful death claim. The statute of limitations for vary by state. For example, Florida's wrongful death statute of limitations is two years from the date of death. To ensure your state's statute of limitations does not run out, contact a wrongful death lawyer immediately.

The wrongful death lawyers at Morgan & Morgan understand no amount of money can replace a loved one. However, our wrongful death attorneys can help you understand your rights and help you file a wrongful death claim. Contact us today.

For more information on Florida wrongful death, view our wrongful death FAQs.

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