In many instances, the family members of a victim killed as a result of a catastrophic injury have the right to recover money damages from the person or company responsible for the death of the victim. This type of claim is called a Wrongful Death claim.
The Florida Wrongful Death Act is very specific as to who may bring a cause of action for the wrongful death of the victim. Further, the Act also outlines who may recover damages for the wrongful death.
The Act provides that the personal representative of the decedent shall bring an action on behalf of the estate and survivors of the decedent. Survivors of the decedent are specifically defined in the Act. Typically, the decedent’s spouse, children and parents are considered survivors under the Act. Additionally, any blood relative and/or adoptive brother and sister when partly or wholly dependent on the decedent for support or service will also considered survivors under the Act.
The class of survivor will determine the damages that a beneficiary is entitled to recover. Not all survivors are entitled to the same damages. For example, a surviving spouse’s right to recover damages is different than other survivors. The act provides for a distinction between children of the decedent. A child under 25 years of age is considered a “Minor Child” and is entitled to different damages than a child over 25 years of age, when the decedent has a surviving spouse.
How Can a Miami Wrongful Death Attorney Help You?
Generally, the estate of the decedent is entitled to recover for the loss of earnings of the deceased from the date of injury to the date of death. It is also entitled to recover for loss of the prospective net accumulation of the estate, which might reasonably have been expected, reduced to present money value.
Florida’s Wrongful Death Statute is complicated. It is strongly recommended that you speak with an attorney as soon as possible after the event that caused the death of the victim.
The Perez-Gurri Law Firm will handle all aspects of your case. We will explain the law to you and how it affects your case. You should consult with an attorney who can advise you of your rights and the potential value of your damages.
What you may be entitled to receive, including but not limited to:
-Payment of medical bills
-Payment of lost wages
-Payment of lost services
-Payment for loss of earning capacity
-Payment for physical pain and suffering
-Payment for emotional pain and suffering
-Payment for property damage