Very few events can effect us like the tragic loss of a loved one. It goes without saying, there is no way to fully compensate for the loss of a life. However, family members of the deceased can pursue financial justice through a Wrongful Death Action. What is Wrongful Death In Florida, if a person dies due to the “wrongful act, negligence, default or breach of contract” of another person, then their estate is empowered to bring a wrongful death lawsuit against the at-fault party. The wrongful death lawsuit is brought on behalf of the survivors by the personal representative of the estate on behalf of the surviving family members. The suit must list every survivor who has an interest in the case, and must be filed within two years of the date of death. In certain situations, there exceptions to the time limitation which should be discussed with an attorney if the deadline has been missed. Types of Wrongful Death Cases There are a variety of scenarios that can result in a wrongful death claim, including: Medical Malpractice Malpractice that results in the death of a loved one is difficult to accept. We place our utmost trust in medical professionals to provide the highest level of care for our family members. When a medical provider fails to provide an accepted standard of care, there can be a cause of action for wrongful death. Where a medical professional’s negligence is the cause of a loved one’s death, damages can be recovered on behalf of the survivors. In some instances, a successful wrongful death case against a practicing doctor can result in revocation of his/her license, protecting others from potential negligence. Nursing Home Neglect Negligence by nursing homes is another major cause of wrongful deaths in Florida. If a resident of a nursing home or assisted living facility loses their life as a result of negligence if the nursing facility, the caregiver can be held responsible for their death. Auto Accidents Overwhelmingly, the most common cause of wrongful fatalities in Florida, and the United States, stem from motor vehicle accidents. Distracted, aggressive, drunk or impaired drivers, as well as unsafe road conditions are the main cause of wrongful deaths on the road. Who may recover damages in a Florida Wrongful Death action? In Florida, Wrongful Death damages can differ depending on the victim’s position within their family. Although the specifics are enumerated in Florida’s Wrongful Death Act, the following categories of survivors may qualify to recover damages:
  • The victim’s spouse
  • Dependents of the deceased
  • Parents of deceased minor children
  • Parents of adult children when no other survivors exist (subject to exceptions)
What types of damages can be recovered in a Florida Wrongful Death case? Florida Law delineates two major categories of damages for wrongful death:
  1. Surviving family member damages, and
    • Loss of support and service
    • Loss of companionship
    • Emotional pain and suffering
    • Loss of parental companionship, instruction, guidance
    • Medical costs
    • Burial and funeral expenses
  2. Estate damages
    • Lost wages
    • Loss of prospective net accumulations
    • Medical costs
    • Burial and funeral expenses
Why choose Spinner Law Firm? At Spinner Law Firm, our experienced personal injury attorneys, led by Charles Spinner, understand that when clients come to us for a wrongful death, they are experiencing the most devastating and difficult time of their lives and the are depending on us to handle every detail of their case with compassion and skill to assist the surviving family members achieve justice and hold the offending parties accountable for their actions. We understand the immense responsibility and trust put in our hands and we work tirelessly to achieve justice for our clients. Before you choose an attorney for your family’s wrongful death case, please spend time talking to one of our experienced attorneys. It is our commitment that no one will work harder, fight harder, or look out for the interests of your family than Spinner Law Firm to achieve the best possible result.

Call today for a free, no obligation consultation to understand your rights and determine if our firm is the best fit for you and your family.

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