The most tragic of accidents are those which result in the loss of life. Florida law unfortunately limits recovery in these tragic circumstances to spouses and children of the deceased. Attorney Andreopoulos can assist you and your family if you believe a loved one’s life was cut short due to someone else’s negligence or carelessness.
Florida Statute 768.19 states in part:
“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person . . . and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person . . . that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured.”
Simply put, this means that if someone’s negligence or other action causes a person’s death, that negligent individual is required to compensate the victim’s family. So, if a family member is involved in a car accident, a boating mishap, an ATV roll-over, or other type of activity and a death results due to the negligence of another you may be able to seek compensation.
However, there are limitations on who is entitled to recovery and what they can recover in Wrongful Death cases in Florida. For example, only a Surviving Spouse and Children under the age of 25 can seek recovery for the following:
(i) the value of lost support and services from the decedent’s death with interest;
(ii) the future loss of support and services;
(iii) the loss of the husband or wife’s companionship and protection; and
(iv) for mental pain and suffering.
Children over 25 are only entitled to recovery for the loss of companionship, instruction, and guidance of his or her parent, only if there in no surviving spouse.
Each parent of a minor child who is killed by the negligence of another person or company may recover for mental pain and suffering. In addition, each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
There are laws in place limiting the time to bring a Wrongful Death Claim and exemptions for deaths resulting from Medical Malpractice (a doctor’s negligence).
If you believe a family member suffered a Wrongful Death, the Andreopoulos Law Firm can help you through this difficult time.
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