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When they were taken from you too soon by Someone’s Negligence
The pain of losing a loved one is always difficult. But when that loss is caused by another’s negligence, the pain becomes unbearable. Robbed of precious time with a loved one is not something you should ever have to go through alone.
An experienced Wrongful Death Lawyer will help guide you through the legal process to secure justice from your loved one that was lost too soon. Protect your rights and demand justice from the negligent party with the help of our experienced wrongful death attorneys.
Both wrongful death cases and survival actions require the deceased lose his or her life due to the negligence or wrongful act of another, such as a car accident, criminal act, act of medical malpractice, or other intentional or reckless act of another. That similarity for the most part is where the similarities end.
A wrongful death lawsuit is brought by the surviving family members of the deceased. This is done when there is at least one qualified beneficiary under the Florida Wrongful Death Act which includes a surviving spouse, minor children twenty five (25) years of age or younger, or other legal dependents that can prove they were legally dependent on the decedent for support before they passed away.
Legal claims are based on the loss of companionship, loss of income, and any other losses that accompany the death of their loved one. The decedent’s estate must prove the negligent party caused their injury and subsequent death.
Florida’s Wrongful Death Act sets forth the requirements that need to be met to be successful in making a wrongful death claim. Wrongful death claims can include any medical or funeral expenses already paid by the estate, income and benefits the deceased would have earned had he or she lived, and loss of consortium or companionship.
Under Florida’s wrongful death act, only certain family members can bring a claim as per Florida Stutute § 768.18 (1) –(2). Qualifying family members include the deceased’s surviving spouse, parents, or children, including minors up to the age of 25.
When the ourts assess damages in a wrongful death case, the judge or jury will carefully consider the relationship the deceased had to the claimant. For example, if the claims are brought by the surviving spouse and children who heavily relied upon the deceased’s support, the claim may be higher than adult children of the deceased who did not as heavily need the financial and personal support of the deceased.
On the other hand, if the decedent did not have any dependents that qualified the Florida Wrongful Death Act, or conversely, the of the decedent was unrelated to the underlying injury causing accident, the decedent’s surviving family members are allowed to pursue a survival action instead. The estate in a survival action is allowed to recover the economic damages incurred by the decedent from the injury causing event through their death, in addition to lost wages during that time, and pain and suffering experienced by the decedent during the window of time between injury and death under Florida law.
A Survival Action under § 46.021, Fla. Stat., allows the survivor’s of an individual that was hurt by another’s negligence, to pursue their loved one’s injury claim on their behalf since their passing prevents them from doing so themselves.
Surviving family members are given the ability to fight on behalf of their deceased loved ones and see their claims through to resolution or a jury. Survival Claims allow a family member to recover the damages their loved one would have otherwise been able to pursue before passing away for the benefit of the decedent’s estate and surviving heirs.
These cases can only proceed as a survivor claim when they are not caused the underlying personal injury accident/injury but nonetheless the decedent passes away. However, even though the death was not caused by the tortfeasor, the tortfeasor is still legally obligated to compensate the surviving heirs for the economic damages incurred by the decedent including lost wages and medical bills paid on the deceased claimant’s behalf. Moreover, non-economic compensatory damages for pain and sufferings are also recovered by the Surviving family members through the Personal Representative appointed by a probate court to act on the estate’s behalf.
At Delgado Trial Attorneys, we provide free legal consultations, giving you a comprehensive overview when it comes to recovering damages in your case. Counseling clients through their most difficult times is at the core of our legal practice. We make sure our clients understand the process to eliminate unnecessary stress and anxiety. This is especially true for first time accident victims unfamiliar with the adversarial nature of filing a claim.
We believe in ensuring our clients understand exactly what lies ahead, providing them the peace of mind they need for recovery and treatment while we fight for their rights. Call us today at (305) 596-7911 and speak with an experienced Miami wrongful death attorney for a free consultation. Virtual sign-ups available.
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