Negligence, carelessness, and recklessness can cause injuries, but in extreme cases, it can lead to the wrongful death of someone. When that happens, the livelihood of an entire family can be changed forever. At Morgan & Morgan, we have seen how an unnecessary death can change a family forever and want to help those who have lost a loved one because someone else was careless.
One of our attorneys in The Villages may be able to file a wrongful death lawsuit on your behalf and prove the death of your loved one was caused by the negligence or recklessness of another. Florida law imposes a time limit on when a lawsuit may be filed, so it is very important that you contact a wrongful death attorney in The Villages as soon as possible. To learn about your legal options, please fill out our free case evaluation form today.
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.
Contact Morgan & Morgan Today
In the wake of the wrongful death of a loved one, a lawsuit may not seem like a priority. But hiring a Morgan & Morgan wrongful death lawyer may be able to get you the compensation you need in this troubling time, and takes the most stressful elements off your hands.
Whether from a car accident, medical malpractice, or any other form of negligence, if you have lost a loved one in a wrongful death, you may have options for receiving compensations for medical costs, funeral costs, and more.
If you would like to learn more, fill out our no-risk case evaluation form for a completely free review of your case.