A wrongful death claim exists when a wrongful intentional act, negligence, default, or breach of warranty causes injury that leads to death, and where the deceased would have been entitled to file their own lawsuit against the responsible party to recover damages for their injuries if death had not resulted. See FLA. STAT. § 768.19 (Florida Wrongful Death Act).
This means that wrongful death actions may be the result of accidents (involving cars, motorcycles, bicycles, boats, etc.), medical malpractice, professional malpractice, defective products, dangerous premises, physical attacks, or other circumstances.
Beneficiaries of a wrongful death recovery include the decedent’s estate and certain surviving relatives.
Depending upon the composition of the surviving family, spouses, children and parents of wrongful death victims may be eligible to recover damages in wrongful death actions. Under Florida law, certain family members may collect damages for:
- Medical Expenses
- Funeral Expenses
- Loss Support & Services
- Loss of Companionship
- Emotional Suffering
However, in medical malpractice cases, only children under 25 years old, or those who were financially dependent may collect for the death of a parent. It is extremely important to consult with an attorney experienced in wrongful death litigation.
Jeffrey R. Davis P.A. has consulted with investigators, medical experts, accident re-constructionists, bio-mechanical experts and other engineers to collect evidence to understand and illustrate the cause of a fatal injury.
If you have lost a loved one due to misconduct by an individual or a corporate entity please contact Jeffrey R. Davis P.A. to learn about your legal rights and how to recover damages for the estate and surviving relatives under the Florida Wrongful Death Act.Our attorneys will speak with you in English or Spanish/Sé Habla Español. Please submit your free case review today, or call (305) 577-3777 to speak with an attorney.
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