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Wrongful Death Lawyer in Ocala
When wrongful death leaves families emotionally shattered and financially burdened, we help fight for justice.
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The Florida Wrongful Death Act
The Florida legislature enacted the Wrongful Death Act to allow families to recover for losses associated with the death of a loved one.
The Florida Wrongful Death Act specifies who may file a wrongful death lawsuit. Under the statute, the following are entitled to receive compensation in a wrongful death case:
- Decedent’s spouse;
- Decedent’s children;
- Decedent’s parents;
- Blood relatives who are dependent on the decedent for support or services; and
- Adoptive brothers or sisters who are dependent on the decedent for support or services.
Under the Florida Wrongful Death Act, a personal representative, who is generally named in the decedent’s will, must initiate the wrongful death claim.
If the decedent did not have a will or if the will cannot be found, generally the court will consider the surviving spouse as the personal representative.
If the decedent was unmarried or did not have a surviving spouse, the personal representative will be chosen by a majority vote by the decedent’s heirs. Finally, if the heirs cannot decide on who should be the personal representative, the court will appoint one.
Wrongful Death Damages
Placing a monetary value on a human life seems like an impossible task. Unfortunately, it is the only remedy the law is capable of offering.
As one would imagine, the calculation of damages in a wrongful death case is extremely complex. However, the Wrongful Death Act does provide some limited guidance:
- Each survivor is entitled to the value of both past and future loss of support and services from the deceased, based on the decedent's probable net income and the life expectancy of the deceased and the survivor.
- The spouse is also entitled to compensation for loss of companionship and for mental pain and suffering.
- The parents of a minor child are entitled to compensation for mental pain and suffering.
- The parents of an adult child can receive compensation for mental pain and suffering if there are no other survivors.
- Any survivor who has paid medical or funeral expenses on behalf of the deceased may recover them.
- The estate of the deceased may recover lost earnings from the date of injury to the date of death and any medical or funeral expenses due. The estate may also recover the savings the deceased would have accumulated had they lived, provided the deceased had a spouse or children.
Causes of Wrongful Death in Ocala
In Ocala, wrongful death lawsuits arise out of many types of accidents. Our Ocala attorneys have experience handling wrongful death lawsuits involving the following types of accidents:
- Car Accidents;
- Motorcycle Accidents;
- Boat and Jet-Ski Accidents;
- Workplace Accidents;
- Truck Accidents;
- Medical Malpractice; and
- Defective Drugs and Products.
Contact Our Wrongful Death Attorneys Today
No one who has recently lost a loved one should have to go it alone. At Morgan & Morgan, our Ocala wrongful death attorneys and staff are here to help families that have been devastated by the avoidable loss of a loved one.
If your family has lost a loved one in an auto accident, due to medical malpractice, a defective product, a workplace accident, or under any other unexpected and avoidable circumstance, we may be able to help.
While we cannot assuage your grief, we can give your family some financial peace of mind and the feeling that at least some justice has been obtained for your loved one. To find out what an Ocala wrongful death attorney may be able to do for you, please fill out our free case evaluation form today.