When an individual loses their life in an act of negligence, the decedent’s survivors may file a wrongful death lawsuit against the wrongdoer for damages. The term “wrongdoer” refers to the party who is responsible for the decedent’s death. According to the Florida Wrongful Death Act, “survivors” refers to the decedent’s spouse, children and parents, as well as blood relatives and adoptive brothers and sisters who were dependent on the decedent for support or services. “Minor children” refers to children under the age of 25. It includes children born out of wedlock of a mother, but not the child born out of wedlock of the father – unless the father has recognized a responsibility to support the child. Attorney Brandon Stein represents wrongful death clients and offers a free consultation to review your case.
What is Sought in a Florida Wrongful Death Claim?
This depends on the age of the decedent, the ages of the survivors, and their present and future dependency on the deceased. For example, if a man dies at the age of 40 and he is survived by his wife and three minor children, generally speaking the survivors will each seek the value of the present and future lost support and services that would be amassed and contributed by the decedent. The life expectancies of the deceased and the survivors will be calculated. A figure is reached that would reflect the amount of money that the decedent would have contributed during his life.
The surviving spouse may seek compensation for the loss of companionship and protection that the decedent would have provided, and for mental pain and suffering, starting from the date of the decedent’s injury. The children may seek compensation for their loss of parental companionship, instruction and guidance and may also seek compensation for mental pain and suffering from the date of the injury. Each parent of the deceased may seek damages for mental pain and suffering. Medical and funeral expenses may be recovered if a party already paid for this. Attorneys’ fees are paid from the final amount as well. There are other parts of the wrongful death statute – speak to your attorney for clarification and specifics as it pertains to your case.
If your loved one lost their life because of the negligent or intentional actions of another, you may pursue compensation in a wrongful death claim. Attorney Brandon Stein is a respected South Florida wrongful death and personal injury attorney and is known for his dedication and commitment to his clients. Attorney Stein is sensitive to the suffering you have been through and will fight for the maximum compensation possible. Cases are accepted on a contingency fee basis and there are no legal fees unless your case is favorably resolved. Attorney Stein offers a free case review, which you can schedule by calling 786-766-8701.