FAQ's: Your Questions Answered
Wrongful Death FAQs
According to Florida’s Wrongful Death Statute (786.16-786.26), a wrongful death is a death caused by another’s intentional, reckless or negligent conduct. A wrongful death claim is a civil claim brought on behalf of someone who died as a result of such conduct.
Wrongful Death Claim
The family members of the deceased are allowed to file a wrongful death claim for damages against the the person or entity responsible for their loved one’s death. Wrongful death claims are typically filed against companies, hospitals and other entities whose negligent conduct caused the death. Sometimes wrongful death claims can be filed against individuals whose misconduct caused death.
The purpose of the Florida Law is to allow the financial burden to shift from the grieving family to the person or persons responsible for the death of their loved one.
Awarding Wrongful Death Damages
Damages are awarded and distributed to the victim’s estate and named survivors. Each survivor may recover the value of lost support and services from the date of the victim’s injury until death, with interest. They are also allowed the value of future loss of support and services from the date of death in present value.
Calculating Wrongful Death Claims Worth
There are many factors used to calculate the worth of Wrongful Death Claims. These can include evaluating loss of support and services, the relationship of the survivor to the victim, the amount of the victim’s probable net income available for distribution to the survivor, and the replacement value of the victim’s services to the survivor. This can also include household chores that the survivor will now have to pay to have done.
In computing future losses, the joint life expectancies of the survivor and the victim will be taken into consideration. In the case of any healthy minor children, the period of minority will also be considered.
The surviving spouse may also receive damages for loss of companionship and protection, as well as compensation for mental pain and suffering from the date of injury.
If the children of the victim are minors, or if there is no surviving spouse, the children of the deceased may be compensated for lost parental companionship, instruction, and guidance (as well as for any mental pain and suffering that derived from date of injury).
Likewise, each parent of a minor child may be awarded compensation for mental pain and suffering from the date of injury. Compensation may also extend to each parent of an adult child if there is no spouse or other survivors.
It’s also important to note that the medical or funeral expenses attributed to the injury or death may also be recovered.
Wrongful Death Attorney
The wrongful death of a loved one often brings intense grief along with other emotions that are extremely difficult to manage. Dealing with the legalities of a wrongful death situation are often taxing and extremely confusing.
At our office, we treat each and every case as a chance to provide closure to a grieving family. Let us help you in this time of need.
Call Dan Newlin Injury Attorneys at 800-257-1822 for answers regarding the wrongful death of your loved one today.