Florida Wrongful Death Lawyer
If you have suffered the loss of a loved one because of the negligence of another, you may be entitled to damages. Damages for wrongful death in the state of Florida can be a delicate proposition. In Florida the legislature has very specific rules regarding who is eligible for compensation in the event of a wrongful death. Those people are referred to as survivors. Spouses, children, and parents are all survivors under the law. Also included are any dependants, such as adoptive children or blood relatives. Our Florida wrongful death lawyers can provide the information and assistance you need, please don’t hesitate to contact us today, we have offices in Orlando, Fort Myers, Tampa, Jacksonville, West Palm Beach, Fort Lauderdale & Miami.
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Florida’s Wrongful Death Act states that a person can file a claim in a civil court when the death of a person is caused by the wrongful act, negligence, default or breach of contract or warranty of another person. There are several types of damages that can be awarded depending on the circumstances. For instance, if the child is a minor and the parent died then the court can award damages for lost support and services. If the deceased is a spouse to the survivor then they may recover damages for lost companionship and for the emotional suffering they will incur as a result. If a minor loses their only living parent due to a wrongful death, then they may also recover damages for lost parental guidance and instruction. Under the law, funeral expenses may also be paid for.
There is overlap between these types of awards depending on the situation and the relationship the survivor has to the deceased. For minors the court will take into account how long it will be before they are considered an adult. For adults they will consider the predicted lifespan of the survivor and deceased before deciding how much should be awarded. Other factors in the decision include the deceased’s income and investments which will help the court determine the deceased possible future assets. Indeed, who is considered a survivor is made very clear by the law, although the amount of damages that can be awarded is a lot less clearly defined. As a result, it is in survivor’s best interest to have a lawyer who can aid with the process and advocate for the damages to properly reflect the financial and emotional trauma caused by the wrongful death. Contact our Florida wrongful death lawyers today, we can help.
Common and Uncommon Reasons For Wrongful Death Cases
The Centers for Disease Control and Prevention (CDC) lists the three top reasons for unintentional deaths as being from motor vehicle crashes, falls, and poisoning. Most car crashes have at least one party to blame. It is rare that a motor vehicle collision occurs without a driver having caused it. Many falls are the result of a misstep or a momentary lapse in balance. However, millions of Americans fall each year because of unsafe footing or lighting that should have been taken care of by the property owner. Poisoning can also be the fault of another if food is contaminated, children’s toys are made with toxic substance, workers are exposed to hazardous materials without proper equipment or training, or lead-based paint is left unattended to on rental properties. Medical malpractice also makes up a large percentage of unintentional death suits. Less common reasons include drowning, use of firearms, or even neglect of a prison inmate while incarcerated. Contact Pendas Law Firm if you are unsure of whether the death of your loved one falls under the Florida statutes of wrongful death.
Contact Our Experienced Florida Wrongful Death Lawyers
The professionals at the Pendas Law Firm maintain a close relationship with clients through the difficult, and sometimes lengthy process of wrongful death litigation. We recognize that losing a relative is an emotional time and we will do our best to protect you from more emotional trauma that could be caused by the legal system. Contact us for experienced Florida wrongful death representation and to answer any questions you may have regarding the issues you and your loved ones may be faced with.