When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.
For well over three decades, the Fenstersheib Law Group, P.A., have represented clients in South Florida, and during that time, we have developed a very strong background in dealing with wrongful death cases.
A wrongful death case may be brought by the personal representative of the deceased, who can recover for the benefit of the decedent’s survivors and estate.
One common misconception is that wrongful death matters can be handled without the help of an attorney, but that’s never a good idea, as most laymen are not well versed in the intricacies of the law. Another is that the insurance company will automatically offer the right amount of compensation, and this one compensation will cover all the necessities. In actuality, damages can be awarded for pain and suffering, loss of companionship, loss of protection, and economic loss.
Most people think that a wrongful death case will automatically be tried in a court of law, but in most instances, pre-trial settlements arranged by an experienced attorney result in just and fair compensation for the bereaved. And in the case where the party responsible for the death faces criminal charges, that does not preclude the filing of a civil lawsuit, as separate penalties and damages are involved in those suits.
Undoubtedly, the biggest challenge will be to go through the sometimes lengthy legal process, where depositions will force the family members to relive the incident and the emotional and financial devastation that it has caused. While no amount of compensation is going to replace a loved one’s life, our attorneys will provide the proper guidance and support to make the process as easy and compassionate as possible.
Survivors may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered
The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other. Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury.
Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors. Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them. The estate may also recover the loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest.
For more information on Wrongful Death Cases In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 800-835-5762 & 954-456-2488 today.