Florida Wrongful Death Claims: Hidden Rights Most Families Might Miss
It can be difficult when a family loses a loved one because of the negligence of another party. While no amount of money can replace a life, Florida’s wrongful death laws allow surviving family members to recover compensation and hold liable parties accountable by filing a wrongful death claim. Unfortunately, during this difficult time, it is not uncommon for families to not understand or overlook crucial legal rights. In this article, we reveal some of the hidden rights most families might miss when facing a wrongful death situation in Florida.
Understanding Wrongful Death Claims in Florida
According to Florida’s Wrongful Death Act, specifically Florida Statutes Section 768.19, a wrongful death arises when a person dies because of the wrongful conduct of someone else. Wrongful deaths can arise from motor vehicle accidents, slip and fall accidents, defective products, or other fatal incidents. When such a death occurs, qualifying parties can seek compensation. A wrongful death claim is a civil claim and not a criminal case. This means that the purpose is to compensate the surviving family members financially instead of punishing the wrongdoer criminally. However, a wrongful death claim can run alongside a criminal proceeding arising from the same incident.
Hidden Rights Families Often Overlook
Florida’s wrongful death laws contain nuances that many families might miss while grieving the loss of a loved one. It is vital that you understand the specifics of the state’s wrongful death Act to ensure you receive the justice and compensation you deserve.
Below is a look at some of the hidden rights family members miss when navigating a wrongful death in Florida:
- Claims for Medical Expenses Before Death
One commonly overlooked right is the ability to claim medical costs incurred between injury and death. If a deceased loved one received medical treatment after the accident or incident but before passing away, the estate can recover these expenses, which include emergency services, hospitalization, prescriptions, and surgery.
- Claims for Loss of Future Income and Benefits
You have the right to recover compensation for the loss of your deceased loved one’s future income and benefits. This includes what your loved one would have earned throughout their lifetime and other benefits like health insurance and retirement contributions.
- Claims for Emotional Pain and Suffering
Florida law allows certain surviving family members, such as spouses, minor children, and parents of minor children, to recover compensation for the emotional pain and suffering caused by the wrongful death of their loved one.
- Parental Claims for Adult Children
One of the most unique aspects of Florida law is that parents of adult children are also eligible to recover compensation for pain and suffering in certain situations. If an adult child wrongfully dies without a spouse or child, their parent has the right to pursue compensation for mental pain and suffering.
- Claims for Loss of Companionship and Guidance
Surviving family members are entitled to compensation for loss of companionship and guidance. For instance, a child can claim compensation for lost parental guidance, while a spouse can recover compensation for loss of companionship.
Contact Us for Legal Help
If you’ve lost a loved one because of another party’s negligence, contact our Fort Myers wrongful death lawyers at The Pendas Law Firm for help protecting your rights.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Ocala, Orlando, Miami, Tampa, Jacksonville, Bradenton, West Palm Beach, Daytona Beach, Naples, and Melbourne areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.16.html