Plantation Florida Wrongful Death Lawyers

If you’ve had a spouse, family member or other loved one pass away as a result of another’s negligence it’s important that you retain a lawyer qualified to handle your potential wrongful death claim. Our Plantation Florida Wrongful Death Lawyers will carefully evaluate your potential claim to try to put you in the best position to recover for your injuries. Read below to learn more about wrongful death claims in Florida.

What is “Wrongful Death”?

A “wrongful death” lawsuit is a civil action which is brought by family members of the deceased (a.k.a. “distributees”) against the alleged wrongful party (and/or a party’s estate) seeking monetary damages because of the alleged wrongful party’s negligence and/or misconduct.  The reason for bringing an action is so that those who were dependent on the deceased for both emotional and financial support can receive compensation for the loss of their loved one.

Who Can Recover under the “Wrongful Death” statute?

Generally, in order for the survivors of a deceased to recover under the wrongful death statute, they must have had a close familial relationship to the deceased.  More specifically, those covered under Florida Statutory law are the surviving: spouse, children, and/or parents of a decedent.  In Florida, the type of recovery allowed is determinative on your familial relationship with the deceased individual.

Surviving Spouse

A surviving spouse may be entitled to recover for the loss of their deceased spouses companionship and protection and for mental pain and suffering.  This amount is determined from the date of the injury.

Minor Children

Minor children whom are children of the decedent and the surviving spouse (or if no surviving spouse, then all children) may be entitled to recover for lost parental companionship, instruction, and guidance.  In addition, minor children may be able to recover for the non-economic damages of pain and suffering from the date of the injury.

Parents

If deceased was a Minor Child:

In cases where the deceased was a minor child, then each parent may be able to recover for the non-economic damages of pain and suffering which is calculated from the date of the injury.

If deceased was an adult child (with no surviving spouse and/or children)

Parents of an adult child may be entitled to recovery for the non-economic damages of pain and suffering contingent on there being no other survivors to the deceased.

Recovery by Survivors of the Deceased

The decedent’s survivors may be entitled to recover the amount of earnings from the date of the injury until the death of their loved one, with interest.  In addition, the survivors may be entitled to the future loss of support and services calculated from the date of the death, reduced to present monetary value.

Medical or Funeral Expenses

If medical and/or funeral expenses have become a charge against the deceased’s estate or were paid by or on behalf of the deceased as the result of the decedent’s injury and death, then they may be recoverable by a survivor who has paid them.

Components of a Wrongful Death Cause of Action

Wrongful death is a cause of action which results due to an individuals deliberate and intentional behavior, negligence, and/or reckless disregard for the safety of another which results in a mortality.  An individual is expected to behave as a reasonably prudent person.  In order to establish a cause of action based on the tort of negligence, it must be shown that the accused failed to act how a reasonably prudent person would have acted under the same or similar circumstances.

In order to state a negligence cause of action, the following must be present:

1. Duty – there must have been a duty of care owed by the wrongful party to the deceased.
2. Breach – is where the wrongful party’s conduct and/or omission breached the standard of care which was owed to the decedent.
3. Causation (Legal and Factual)-  plaintiff must show that it was the wrongful party’s conduct and/or omission which was the direct cause of the decedents injury and subsequent death.  Thus, “but for” the wrongful party’s conduct and/or omission, the decedent would have not been injured and/or would have not sustained the amount of injuries experienced.
4. Damages –  plaintiff must show that damages resulted as a result of the alleged wrongful party’s negligence and/or misconduct.  In determining the amount of damages to be awarded to the survivor(s) of the decedent, the court takes several factors into account.

Determining the Amount of Monetary Damages

Future Losses – There are two main factors that are important in calculating the monetary damages that a wrongful death claimant may be owed. First, there is the decedents probable future income (Net Amount). Second, is the replacement value of the deceased’s services.  Additionally, in computing the duration of the future losses, the joint life expectancies of the survivor and the decedent, and – in the case of minor children – the period of minority, may be considered. 

Punitive Damages – In some cases, the court may allow the imposition of punitive damages.  The purpose of punitive damages is to punish the offending party (and serve as a deterrent to others in the future) and may be allowable in cases where the offending party acted intentionally, recklessly, or they were grossly negligent.   

Contact Our Plantation Florida Wrongful Death Lawyers Today

At Light & Gonzalez, PLLC, our Plantation Wrongful Death Lawyers understand the immense hardships families have to deal with after losing their loved one as a result of a wrongful death.  If you are a survivor of an individual who has passed away as a result of the negligence and/or misconduct of another, then call us today for a free consultation.  At Light & Gonzalez, PLLC we will fully review your matter and shine a light on your legal path so that you know all of your legal options!

We are conveniently located in Plantation, Florida at the Sabadell Financial Center just minutes off of 595.