Under Florida Statutes § 768.16 – 768.26 – Wrongful Death Act, a Florida wrongful death lawyer could help you sue:
“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”
In other words, if your relative was injured in a car wreck caused by someone’s negligence, they would likely pursue a claim against the other driver for damages. Similarly, in a wrongful death case where your relative dies in the wreck, the personal representative files suit on behalf of the deceased’s survivors who are entitled to compensation for the untimely and avoidable loss of life. Among the types of losses included are lost companionship, lost wages, and funeral costs, to name a few. Contact a seasoned personal injury attorney to get started.
Florida Statute 768.21 states that,
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 recover for loss of decedent’s companionship and protection and mental pain and suffering .
Minor children (and all children if there isn’t a surviving spouse) may recover loss of parental companionship, instruction, and guidance, and mental pain and suffering.
Each parent of a deceased minor child may recover for mental pain and suffering.
Each parent of an adult child may recover for mental pain and suffering if there are no other survivors.
Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
In order to prevail in a suit, the plaintiff(s) in a wrongful death suit must prove the following elements:
Duty – the plaintiff(s) will need to prove that the defendant owed a duty to the victim. For example, drivers have a duty to drive safely and obey traffic law.
Breach of duty – plaintiff(s) must show that the duty existed and then prove that the duty was breached as a result of negligent actions. For example, if in the car wreck the driver ran a red light, was a drunk driver or speeding when they caused the accident, the duty would have been breached.
Causation – the plaintiff(s) need also prove that the breach of duty directly caused the victim’s wrongful death. The death has to be directly related. For example, if the driver was speeding and a mechanical issue impeded the driver when trying to slow down, it may render the manufacturer liable and not the defendant.
Damages – plaintiff(s) need to show quantifiable losses suffered due to the wrongful death of a loved one. Such losses include medical expense, funeral costs, loss of income to name a few.
If you’ve lost a loved one wrongfully, you need the time to grieve accordingly. At the same time, you may or may not be thinking about a lawsuit. However, given time constraints, you should consider reaching out to an experienced Florida wrongful death lawyer to obtain justice for you and your family. Contact our firm today.
