A Brief Overview of Wrongful Death Claims in Florida
Michael Babboni
Wrongful Death
When someone you love dies due to the negligence of another person or entity, survivors may be able to file a wrongful death suit to seek damages. The damages sought are compensation for the loss suffered, including lost wages, lost companionship, and funeral expenses for the deceased.Here is a brief overview of wrongful death claims in Florida and what you may expect if you are currently going through the process.
What Is a Wrongful Death Claim?
Before going too far, we need to define a wrongful death claim. This kind of claim only exists when a person dies due to the negligence and fault of another. Common laws of the past did not allow this kind of lawsuit to take place. However, the United States and federal courts created a person's right to take action when a wrongful death occurs over the years.
Each state in the country now has its own wrongful death law. These claims often involve fatal accidents such as a car accident, medical malpractice, or product liability. A person, company, or government agency can be proven to be at fault when failing to act reasonably or for acting intentionally.
Who Can Sue in a Wrongful Death Claim?
The wrongful death claim can typically only be filed by a representative on behalf of the survivors who suffered the damages. These people are known as real parties in interest. The representative is also often the executor of the decedent's estate. Some real parties in interest who can sue in a wrongful death claim include:
• Immediate family members: all states allow immediate family members to file a wrongful death claim. These family members include the spouse, children, parents, and adopted children of the deceased.
• Partners and financial dependents: in some states, including Florida, other relatives who depended on the decedent for financial support may also be eligible. However, as already listed, only the decedent's primary beneficiaries have a chance to file the claim.
Wrongful death claims can be filed against several people and entities. Suppose you were involved in an auto accident as a result of a drunk driver on a faulty roadway, for example.
In that case, you may be able to sue the at-fault driver, the builder of the faulty roadway, a government agency who failed to provide proper warnings of road hazards, and the owner of the premises that served the drunk driver.
What Damages Can Be Collected?
Surviving family members who file a wrongful death claim can receive compensation for any expenses paid since the passing of their loved one. These expenses include funeral expenses and medical bills.
They may also seek compensation for lost wages, lost benefits, and other earnings the family would have otherwise received. In addition, financial assistance may also be offered for the loss of protection and companionship.
What Is the Average Wrongful Death Settlement in Florida?
A wrongful death claim in Florida can settle for various amounts. However, the average in Florida is between $500,000 and $1 million. The total damages can be more or less than these amounts depending on insurance coverage and the defendant's financial worth.
Also, in Florida, the courts expect each party involved to pay their portion of the damages corresponding to the percentage of their fault in the accident. So, if the accident victim was found to be 35% responsible for the accident, then the other party must pay the 65% remaining of the wrongful death claim.
Since these cases can prove complicated for all involved, it is in your best interest to discuss your claim with an experienced wrongful death attorney. They can guide you through the process and ensure you receive the compensation you rightfully deserve.