Wrongful death is the legal term used to describe the death of some person for which another person is responsible. For instance, deaths caused by distracted driving, nursing home negligence, and other related events may be classified as wrongful deaths under the law.
Usually, there are two categories of wrongful death damages which are typically defined by two distinct time periods. The first category permits recovery of damages that were experienced by the deceased from the moment of the negligent act that caused the death until the time of the decedent’s death. For instance, in the case of a car accident, this damages category will cover the time from the occurrence of the crash until the person eventually dies from their accident injuries. There is no limit to the time frame so it can span, for example, just a few hours or more than a week.
The second category of wrongful death damages covers those losses experienced by the next of kin after the deceased’s death. This particular category is for the compensation of the family of the person who wrongfully died for their financial losses. The damages covered by this category include the value of money that the deceased would have earned if not for the accident and lost wages that would have been earned until the deceased’s anticipated retirement.
Damages can be awarded to spouses, children or parents of the deceased one. The court will take into account various factors surrounding the deceased and their relationships with the different surviving members when making their choice. Punitive damages can also be awarded to surviving family members.
Wrongful death is defined by a published statute in Florida and its definition is found in Florida’s Wrongful Death Act. It states that someone can file a wrongful death lawsuit against the responsible person when death is caused by any “wrongful act, negligence, default, or breach of contract or warranty.” The definition includes intentional acts like hitting someone, negligent actions like car accidents or truck accidents, and breach of contract and warranty such as product defects.
Whenever a personal injury attorney, car accident attorney, truck accidents attorney, or any other wrongful death attorney files for a case, they must establish that your case satisfies the definition of wrongful death in the state of Florida.
While dealing with the death of a loved one is always extremely painful, it is even more traumatic when the death was caused by someone else through actions that are within the wrongful death definition. Whether your loved one lost their live in a car accident, a truck accident, a medical malpractice or any other cause through no fault of their own, you may be entitled to file for a wrongful death lawsuit.
Typically, only close family members can file a wrongful death lawsuit on behalf of their loved one. However, it is always a good idea to speak with an experienced wrongful death attorney to understand if you are eligible for a wrongful death case.
The wrongful death attorneys at The Law Office of Robert J. Fenstersheib and Associates have a flawless track record dealing with wrongful death cases. Our lawyers understand the difficulties and hardships that a family faces after a wrongful death and are dedicated to seeking fair compensation and justice.