Wrongful Death

Florida Wrongful Death Lawyer

In Florida, when the death of a person (decedent) is caused by:

a) Wrongful act
b) Negligence
c) Default
d) Breach of contract or warranty of any person,

and the event would have entitled the person (decedent) to maintain an action and recover damages if death had not ensued. The person that would have been liable in damages, if death had not ensued, shall be liable for damages. The survivor's right of recovery is dependent upon a wrong committed upon another person.

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Wrongful Death Could Be A Direct Result Of:

  • Motor vehicle accident (including, auto, motorcycle, trucks, watercraft)

  • The negligent act of another person

  • Defective Products

  • Medical and dental errors that resulted in death

  • Surgical errors that resulted in death

There are two categories of damages may be recoverable:

1) Damages recoverable by the decedent’s survivors
2) Damages recoverable by the decedent’s estate

The Following Are Damages Recoverable By The Decedent's Survivors:

Each survivor: may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.

The surviving spouse: may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.

Minor children of the decedent, and all children of the decedent, if there is no surviving spouse: may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.

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

Medical or funeral expenses: may be recovered by a survivor who has paid them.​

 

Contact us today for more information on wrongful death.