Oldsmar Wrongful Death Lawyer
While many accident victims are fortunate enough to walk away from their experience without a scratch or with only minor injuries, some are not so fortunate and may even end up losing their lives. This can be particularly frustrating and emotional for the loved ones of those who pass away as a result of someone else’s negligent or reckless actions. Fortunately, it is possible for those who find themselves in this situation to recover damages from the at-fault party, compensating them for medical expenses, funeral costs, and pain and suffering.
While it is true that no amount of monetary damages can truly compensate a person for the loss of a loved one, collecting damages can help the affected parties pay off mounting debt and cover household expenses while they begin the long road to recovery. To learn more about Florida’s wrongful death law and your own options following the loss of a relative, please contact one of our Oldsmar wrongful death lawyers today.
What Constitutes a Wrongful Death?
Under Florida law, a wrongful death is any death that is the result of someone else’s:
- Wrongful act;
- Negligence;
- Default; or
- Breach of contract or warranty.
Essentially, the surviving loved ones of a person who loses his or her life because of one of the aforementioned acts, can file a claim on the deceased’s behalf if the same event would have entitled that individual to damages for personal injury if he or she had not passed away.
Who Can File a Wrongful Death Claim?
Even when the circumstances of a person’s death qualify as wrongful under Florida law, only a decedent’s personal representative can file a claim on the victim’s behalf. This individual will then be able to recover damages for the benefit of specific relatives, including the decedent’s:
- Spouse;
- Children;
- Parents; and
- Any blood relatives or adopted siblings who were partly or wholly dependent on the deceased for support.
If a wrongful death claim is successful, these individuals could be entitled to a wide range of damages.
Potential Damages
Damages to which a decedent’s loved ones could be entitled upon the filing of a successful wrongful death lawsuit include:
- The value of lost support and services, which is calculated based on the survivor’s relationship to the decedent, the amount of net income available to a particular beneficiary, and the cost of replacing the value of the decedent’s services;
- Loss of companionship and protection experienced by the decedent’s surviving spouse, as well as pain and suffering;
- The loss of parental companionship, instruction and guidance experienced by the decedent’s children, as well as mental pain and suffering;
- Medical expenses related to the decedent’s final injury and death; and
- Funeral and burial expenses.
There are a few exceptions to this rule that apply in cases involving medical negligence, making it especially important for those who have lost a loved one due to a healthcare professional’s carelessness, to speak with an experienced attorney before going forward with their claim.
Schedule an Initial Case Review
Call the Pawlowski // Mastrilli Law Group today to learn more about your legal options from an experienced Oldsmar wrongful death lawyer, following a relative’s tragic and avoidable death.
