When a family is suffering from the trauma of losing a loved one to an accident, the first thing on their mind is not to sue for compensation. There are so many other things that are going on at that moment that many families do not even realize that they have a claim for wrongful death.
Filing a wrongful death lawsuit can help families that are facing financial insecurity because of the loss of their loved one, get the financial security that they need. A lawsuit will not bring back their loved one, as much as we wish that it could, but it will give the family financial security while they focus on healing from their terrible loss.
Who Can File A Wrongful Death Claim?
Under Florida law, certain family members can file a wrongful death lawsuit when hey lose their loved one to an accident or negligent action. The following family members have the right to file a wrongful death claim:
- Spouse of the deceased
- Minor children of the deceased
- Parents of the deceased if the death was of a minor child
- Parents of the deceased if they relied on more than 50 percent of their support on the deceased
- Adult children of the deceased if they received more than 50 percent of their support from their parent
Other family members or conditions may apply for making a claim for wrongful death. Speak to a wrongful death attorney to determine if you have the right to file a claim.
How Do I Know If I Have A Wrongful Death Claim?
If you are trying to figure out if you can file a claim for wrongful death, all you need t do is ask yourself if your loved one could have filed a personal injury claim had they survived the accident. If the answer is yes, then it is almost guaranteed that you could file a wrongful death case.
However, to make sure that you qualify under Florida Statutes to file a wrongful death claim you are encouraged to speak with an attorney. Your attorney can determine if you meet all the guidelines to file a lawsuit.
Types of Compensation Available for Wrongful Death
Wrongful death compensation is very similar to the types of compensation you receive when you file a personal injury lawsuit. However, there are additional types of compensation available for family members when a wrongful death claim is filed.
All medical expenses associated with the accident that led to the death of your loved one will be included in the lawsuit. Any life-saving measures or hospital bills will be included as part of the settlement.
Burial and Funeral Expenses
The family member that paid out the funeral and burial expenses is entitled to receive reimbursement for these costs from the wrongful death lawsuit. This type of benefit is specified in the Florida Statutes.
All of the earnings that your loved one would have made until they retired will be included in the settlement. This is one of the most important parts of the settlement because it helps the family retain some financial stability during this traumatic time. If the loved one you have lost is a minor, your attorney will seek damages for potential future earnings.
Loss of Consortium
The spouse of the deceased can seek damages for the loss of intimacy they are experiencing due to the death of their spouse.
Loss of Companionship, Guidance, and Support
All qualified members of the family can seek damages for the losses they must endure for not having the companionship of their loved ones. This includes the guidance children will not have and overall love and support for the family.
Loss of Services
Every member of the family contributes to the upkeep of the home and automobiles. When your loved one passes away, you must seek these services from an outside source. You are entitled to receive compensation for the cost of these services.
Pain and Suffering
Pain and suffering will most likely be a 2-part compensation. You can claim compensation for the pain and suffering your loved one experienced as well as the pain and suffering of the remaining family members. Your attorney will explain how this part of your compensation will be determined during one of your consultations.
In some cases, there may be a reason for the court to impose punitive damages on the responsible party. This type of compensation is reserved for cases where the court feels that the negligent party acted in a way that was heinous, criminal, or otherwise blatant negligence. Punitive damages are meant to punish the negligent party for their actions.
Additional types of compensation may be available to you. Your attorney will look at the facts of your case and seek damages in all areas that are available to you.
Consult A Wrongful Death Attorney About Your Claim
There are few things in life that are as heartbreaking as losing a loved one to an act of negligence. Our law firm has helped many families through this most difficult time by managing their wrongful death claims. Our attorneys are compassionate and understanding and will try to make the process as easy as possible.
We understand that the most important thing on your mind right now is healing from your loss. We understand that your life has been turned upside down and that you are grieving. We encourage you to allow us to shoulder the burden of filing a wrongful death claim on your behalf so you can concentrate on healing.
Our attorneys will help you through this trying time and make sure that justice is served, and the accountable party is held responsible. We know that a settlement will not bring back your loved one, we wish it could, but it will help you avoid financial insecurity during an already trying time.
If your loved one lost their life as a result of an accident, you are encouraged to schedule a free consultation with one of our attorneys. We will explain everything that you need to know about a wrongful death claim. Call today and speak with South Florida’s most trusted, wrongful death attorney.