Can I Sue for Wrongful Death?

When a person dies in an accident that was caused by another’s negligence or reckless behavior, the victim’s family members may seek compensation by filing a wrongful death claim against the responsible party. The compensation available can cover a variety of economic damages suffered by individuals when a family member dies. The specific damages available depend on the victim’s position in his or her family and who is seeking the damages.

Who can seek damages in a wrongful death case?

Florida’s Wrongful Death Act identifies the individuals who may seek monetary compensation via a wrongful death claim. Among these individuals are:

  • The victim’s parents
  • The victim’s spouse
  • The victim’s children
  • Any other person who was named in the victim’s will or can prove that he or she was dependent on the victim

However, individuals in these categories are not automatically entitled to seek monetary damages. Rather, each claimant must prove that he or she was financially dependent on the victim. In addition, other exceptions apply to each of the above categories. Therefore, if you think you may be entitled to compensation due to the death of a relative, contact a Florida wrongful death attorney as soon as possible to determine your eligibility.

What type of damages can I seek?

There are different types of damages available in Florida wrongful death cases, and the circumstances of your unique case will determine what you’re entitled to. Possible damages include:

  • Funeral expenses – The person or persons who paid for the victim’s funeral services may seek monetary compensation for these costs through a wrongful death lawsuit.
  • Medical expenses – A victim’s family may seek monetary compensation for the cost of any medical care received by the victim prior to his or her death.
  • Emotional distress – When an individual suffers emotional trauma following the death of a loved one, he or she may seek monetary compensation to cover the economic costs of such trauma
  • Anticipated loss of income – When a victim contributed financially to his or her household, then his or her dependents may seek compensation for this loss of support. Often, this amount is based on an estimate of what the victim would have earned had he or she lived.

Florida Wrongful Death Attorneys

At Staples Ellis, we understand the pain that the loss of a loved one can cause. And although nothing can completely compensate you for such a loss, you may be entitled to monetary damages to help you through this difficult period. At Staples Ellis, we are committed to helping the surviving family members of the victims of negligence find justice while holding responsible parties accountable. Our Florida wrongful death attorneys are here to offer you the experience, knowledge, and personal concern that you deserve. Please contact our office today to arrange a consultation.

Posted in: Wrongful Death