Wrongful Death

Florida Wrongful Death Act

The state of Florida recognizes the fact that surviving family members should never have to shoulder the burden created by losing a loved one when another person is at fault. This means that when another’s negligence or wrongful act causes death – whether it is caused by a car accident, medical malpractice, or any other form of negligence – the at-fault party can be held liable for the damages surviving relatives suffer.

Under the Florida Wrongful Death Act – Florida Statutes §§768.16-768.26 – the following damages are available:

• Economic Damages – To pay for the costs of medical expenses related to the decedent’s injury, to pay for funeral expenses, and to compensate you for the value of lost support and services in terms of income contributions on the part of the decedent. Lost income may be computed with interest from the date of death, and may include future loss of support and services based on the decedent’s probable net income.
• Noneconomic Damages – To compensate you for loss of companionship and protection, and for the children’s loss of parental companionship, instruction, and guidance, as well as for your mental pain and suffering from the date when the injury occurred.

Who Can File a Wrongful Death Lawsuit in Florida?

According to Florida’s wrongful death statute, only certain surviving relatives of a decedent are permitted to pursue wrongful death claims when the death of their loved one was caused by one of the following:

• A wrongful act
• Negligence
• Breach of duty

Generally, these factors imply that death was preventable. Should these circumstances apply, a personal representative can help any or all of the following eligible individuals (survivors) file a claim:

• Spouses
• Children
• Parents
• Dependent blood relatives and adoptive siblings

When a wrongful death claim is successful, and a wrongdoer is held financially liable for compensating a decedent’s surviving family members, compensation may vary depending on the relationship a survivor had with the decedent. Our Fort Lauderdale wrongful death attorneys can review your wrongful death case in a free consultation to help you determine your eligibility to file a claim and the potential damages you may be entitled to recover.

You Have Nothing to Lose & Everything to Win

There is no way to predict with accuracy the amount of compensation you could receive in your wrongful death claim, but when we meet for your free consultation we will take the time to review all aspects of the situation to come up with an estimate of how much your case may potentially be worth. We will also make sure that you fully understand your rights as our legal team fights for justice and fair compensation on your behalf.

If you would like to discuss your case, request your free case evaluation by calling toll-free at +1 (954) 963-0444.