Filing A Wrongful Death Lawsuit

Walking, running, and bicycling are all great forms of exercise.  However, when pedestrians and bicyclists are involved in an accident with an automobile, the injuries are often severe or fatal. When an automobile accident results in the death of a loved one, it devastates the deceased’s family and friends.  In these tragic instances, certain designated persons are permitted to bring a Wrongful Death claim under Florida Statute 768.21 against the wrongdoer.

Who can bring a Wrongful Death Claim?

A Wrongful Death claim or lawsuit can be brought when a person’s death is caused by the wrongful act or negligence of another.  While bringing a Wrongful Death claim against a wrongdoer does little to eliminate the pain associated with losing a loved one, Florida’s Wrongful Death statute does allow the wrongdoer to be sued so financial compensation can be secured for the benefit of the decedent’s legal beneficiaries.  To bring a Wrongful Death lawsuit, a probate estate must be opened, and a Personal Representative appointed by the Court – the Personal Representative brings the Wrongful Death claim on behalf of the decedent’s beneficiaries.  While not always the case, the Personal Representative is usually the decedent’s spouse or a surviving parent.

What Damages Can be Recovered?

Certain damages can be recovered by certain beneficiaries.  Florida Statute 768.21 delineates who may recover damages within a Wrongful Death claim, and what damages they may recover.  Minor children who lose a parent, or a spouse who loses their partner, can recover financial damages for loss of the decedent’s financial support. In order to arrive at a figure that adequately compensates for these financial damages, the decedent’s net income and the family’s future losses will oftentimes be calculated with the assistance of a financial planner or accountant.  In addition to purely financial damages, surviving spouses and/or the parents of a deceased minor child can receive additional damages for the loss of companionship and the mental pain and suffering endured.

Should You Move Forward with a Wrongful Death Claim?

Wrongful death claims oftentimes turn into lawsuits.  They are extremely complicated cases which occur during what is likely the most terrible moment of each family member’s life.  Having an experienced, highly rated Wrongful Death attorney by your family’s side will ensure your family’s Wrongful Death claim is resolved in an appropriate manner.  Our attorneys are all AV rated by Martindale Hubbell, the primary rating service for attorneys in the U.S. since 1880.  Only 4% of all U.S. attorneys achieve Martindale Hubbell’s AV rating.  We can help your family get through a tragic loss and will ensure the wrongdoers are held responsible for their deadly negligence.

Please call us at 941.625.6666 for a free, immediate consultation with Jason B. Goldman, our firm’s Managing Partner.

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