When a husband or wife becomes deceased in an event that results in a wrongful death claim, the surviving spouse may be entitled to compensation in what is referred to as loss of companionship.
Individuals who lose loved ones through accidents and intentional acts of violence often have survivor rights to pursue civil wrongful death claims. In Florida, wrongful death claims must be initiated by the personal representatives of the decedents and on behalf of close relatives of the decedents who relied upon them for love and support.
A devastating scene recently unfolded on Selmon Expressway in South Tampa. Drivers witnessed a multi-vehicle collision that left one of the involved cars engulfed in flames. Despite efforts by good Samaritans who stopped their own vehicles to help the victims, three individuals perished in the fiery wreck.
Like other damages claimed in a personal injury or wrongful death case, loss of companionship damages are paid to the party or parties that successfully prove them at trial. In Florida the immediate family members of a wrongful death accident victim may allege that the loss of their loved one deprived them of love, closeness and other positive factors and that the responsible party should be held liable for those intangible losses. The remainder of this post will discuss some of the ways a plaintiff may show that they should be awarded loss of companionship damages.
Public transportation provides a useful and necessary service for countless people throughout the state of Florida. While some use buses, trains and other transportation services to get to work and school, others use public transit as an alternative to driving when taking a night out for fun. While public transportation can be convenient and efficient, it does require riders to exercise some patience as they wait for coming rides.
After a fatal accident or incident, it can be a challenge for a Florida family to say goodbye to their deceased loved one and begin to move forward with their lives. They may not wish to linger on the facts and issues surrounding the death, so that they may find the time to heal from their suffering. However, as individuals work toward finding peace after the death of a loved one at the hands of a negligent party, the time during which they may pursue a wrongful death claim begins to toll.
In a word, yes. The Florida legislature has enacted a wrongful death statute that is codified in the state's laws. The intent of the statute is to take the financial burden of managing a fatal accident victim's final needs off their family, and place it on the party or parties that caused the victim to die. This post is a general overview of this important personal injury law but it is not legal advice.
When a victim perishes at the hands of a negligent party in an automobile accident, premises liability incident, or other event, the burden of meeting the victim's accident-related costs will fall on their family to pay. In addition, the family has lost the support and companionship of the victim, and may face severe economic hardship if the victim was a breadwinner. To address these injustices, Florida law allows family members of a deceased victim to bring a wrongful death claim against a party whose negligence or wrongful act caused the death.
Traffic deaths increased across the country in 2016, including the state of Florida. While the number from 2015 to 2016 wasn't a huge increase, it follows a growing and disturbing trend since 2014. Over the past three years, Florida has a 21 percent increase in traffic fatalities.
Unfortunately, throughout the United States, including Florida, there are instances where doctors, surgeons or medical professionals do not live up to the highest standards expected of them at a medical facility and may fail to properly care for a patient. Unlike many occupations where if you make a mistake it can be corrected quickly and without major ramifications, in the medical field an error while caring for a patient could literally mean the difference between life and death.