What We Do > Wrongful Death
The State of Florida has passed laws that provide legal remedies in instances of "wrongful death." This set of laws is known as Florida's Wrongful Death Statute. It provides:
768.19 Right of action.--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.
Wrongful Death Damages Are Provided for the Victim's Loved Ones
Florida law requires that financial compensation be provided to the loved ones of someone who has died because of the negligent, willful, or wrongful act, neglect, omission, or default of another. These loved ones are specifically defined in the Florida statute; not all heirs will be able to get "wrongful death benefits." Heirs of the decedent that can file the claim include the decedent's surviving spouse, children, and parents.
The Florida law also lists what causes of a "wrongful death" will be covered. There are several: car crashes, dangerous drug deaths (products liability), and medical malpractice are some of the legally recognized bases for wrongful death claims in Florida.
Wrongful Death Damages Include Economic and Non-Economic Awards
Wrongful death damages include both economic damages such as projected lifetime income, with no deduction for living expenses or income taxes, value of services, etc. and non-economic ones such as the enjoyment of living or others. Heirs may also receive compensation for medical and funeral expenses.
If your loved one has died due to the wrongful act of another. There is a legal deadline for filing these lawsuits, so call NOW toll free 1-888-888-3773. The consultation and call are FREE.