Losing someone you love is an unimaginable tragedy that will leave a void in your life that can never truly be filled. When the death is caused by the misconduct or negligence of someone else, the situation is even more frustrating, and it can make it more difficult to move forward. A death in the family not only causes an immense amount of grief, but it can also place a financial burden on surviving family members.
State law in Florida provides a means through which surviving relatives can pursue compensation through a wrongful death claim. It is important to understand the grounds for filing a wrongful death claim, who is eligible to file, and the possible outcomes. Our Greenacres personal injury lawyer can help.
When Can You File a Wrongful Death Claim?
When filing a wrongful death claim in Florida, you must show that the death was caused by negligence or a wrongful act, such as assault. Proving misconduct or negligence is a critical component of any wrongful death claim. To do this, you must show:
- The defendant owed your loved one a duty of care to act in a reasonable manner that kept them safe.
- The defendant breached their duty of care by acting negligently, recklessly, or criminally.
- The breach of duty by the defendant caused the death.
- Surviving family members incurred damages due to the death, such as funeral and burial expenses, lost income relatives relied on, and more.
There are a number of different situations that can result in a wrongful death claim. These include:
- Car accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Bus accidents
- Truck accidents
- Defective products
- Dog bites
- Slip and fall and other premises liability accidents
If your loved one’s death was the result of any of the above accidents, it is important to speak to a Greenacres personal injury lawyer who can advise on your claim.
Who Can File a Wrongful Death Claim?
In many other states, any close family member can file a wrongful death claim. This is not the case in Florida. According to state law, only the personal representative of the estate can file a wrongful death claim. The personal representative is the individual who administers the deceased’s estate after they pass away. The personal representative is often named in the deceased’s will. If no will is left behind and a personal representative is not named, the probate court will appoint one. They can then proceed with the wrongful death claim.
Although the personal representative must file the wrongful death claim, any compensation awarded is distributed to the surviving family members of the deceased. State law also outlines the specific family members who can receive damages after a successful wrongful death claim. These include the surviving spouse, children, and parents of the deceased. Any adoptive siblings or blood relatives who were dependent on the deceased for emotional or financial support can also receive compensation.
Typically, the surviving spouse is the main beneficiary of wrongful death claims. Minor children of the deceased, defined as children under the age of 25, can also obtain compensation. If there is no surviving spouse, adult children may be entitled to damages. If the deceased is a minor child, parents can pursue compensation. If the deceased was an adult child and did not have a surviving spouse or children, parents can still pursue damages.
What Damages are Available in Wrongful Death Claims?
There are two types of damages available in wrongful death claims. The first are economic damages, and they have a fixed dollar value. These damages may include:
- Funeral and burial expenses: Loved ones can recover funeral and burial expenses in a wrongful death claim.
- Loss of future earnings: If surviving loved ones were dependent on the future earnings of the deceased, this loss can also be included in a wrongful death claim.
- Loss of services and support: Damages for loss of services and support provide compensation for household tasks and other services offered by the deceased. These may include the cost of housecleaning or babysitting.
Non-economic damages are also available in wrongful death claims. Unlike economic damages, non-economic damages do not have a concrete dollar value, and they are more challenging to calculate. The types of non-economic damages included in wrongful death claims are as follows:
- Loss of consortium: Surviving spouses can pursue damages for the loss of the intimate relationship with the deceased.
- Loss of parental guidance: Minor children can pursue damages for the loss of nurturing, instruction, and guidance.
- Loss of companionship: These damages are meant to compensate for the loss of companionship and emotional support provided by the deceased.
- Pain and suffering: Damages for pain and suffering are meant to compensate for the emotional anguish and trauma experienced by surviving family members.
In certain cases, punitive damages may also be available after a wrongful death, but these damages are rarely awarded. Punitive damages are only available in personal injury claims when the defendant acted with gross negligence or recklessness.
For example, drunk driving is against the law in Florida, and both the civil and criminal courts take it very seriously. Due to the dangers caused by impaired driving, family members who lost their loved one in a drunk driving accident may be able to pursue punitive damages. Unlike the above types of damages, punitive damages are not meant to compensate surviving loved ones for their losses, but rather to deter defendants and prevent them from acting in a similar manner in the future.
Our Personal Injury Lawyer in Greenacres Can Help You and Your Loved Ones
If someone else’s negligence or misconduct caused the death of your loved one, you need legal help. At Adolphe Law Group, our Greenacres personal injury lawyer can provide it and guide you through the process so you obtain the most successful outcome possible. Call us now at 561-956-4413 to schedule a consultation with our experienced attorney and to learn more about how we can help.