When a loved one dies unexpectedly, it is often devastating for those left behind. The situation is made even worse if the death was caused by negligence or an accident. The good news is, that the Florida Wrongful Death Act, which is a state law, ensures that the surviving family members who qualify have a way to obtain compensation for the loss they have suffered.
The law allows for those family members who survive and who were dependent emotionally or financially on the person who passed away, such as children or a spouse, to file a lawsuit against the individual or company that was found negligent and who caused the death.
Types of Wrongful Death Cases
Usually, a wrongful death case involves an auto accident, motorcycle accident, pedestrians or semi-trucks. However, they may also include victims of a criminal or similar action who die because of the injuries sustained. A death that occurs because of a botched medical procedure or even nursing home neglect may also be considered wrongful death.
What Type of Compensation is Recoverable in a Wrongful Death Case?
While the case will help surviving family members recover the lost future wages the person would have earned, wrongful death lawsuits also provide the members of the family the ability to recover monetary damages for the pain and suffering they have had to endure. While money is not able to replace a family member, it can help with the healing process and the process of getting back to some state of normalcy in their day to day lives.
Some other common questions related to wrongful death cases can be found here.
Who is Sued in a Wrongful Death Case?
Many people believe that when they hire a lawyer for their wrongful death case, they are going to be suing a “person”. This isn’t completely true. The attorney will bring a legal claim to recover money from an insurance company that holds the policy of the negligent party. That’s considered the standard for any personal injury case. The goal is to recover compensation from the insurance company, not a person.
Who is Legally Allowed to File Wrongful Death Lawsuits?
According to Florida law, the surviving family members of the deceased individual are able to file the lawsuit. This includes the surviving spouse, or any adopted or natural children. In situations where the person did not have a spouse, but had children, a claim is still able to be filed. Additionally, it may be possible for a lawsuit to be filed by the deceased person’s sibling.
Keep in mind, every wrongful death case is different, which is why it is essential that you hire an attorney right away. They will be able to review the facts of the situation to determine what should be done. More information about filing a wrongful death claim can be found by contacting the attorneys at the Leifer Law Firm.