Does Florida have a wrongful death statute?
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.
Many relatives may sue a responsible party for the losses they have sustained after the death of a loved one. Particularly, the right to sue attaches to the victim’s parents, spouse and children who are under the age of 25. Other relatives who relied on the victim for financial support may also be able to sue in their name, but specific cases should be reviewed with personal injury attorneys.
The type of damages that the victim’s family members may recover is rather extensive though the facts of each case will dictate what damages are available. Once the personal representative of the victim files the litigation paperwork, the family members may at trial begin advocating for the recovery of damages related to the loss of support and services from the victim.
Spouses of victims may request damages related to the loss of companionship they shared with the victim. And, certain family members may recover for the mental pain and suffering they have had to endure through their loss. Actual damages, such as funeral costs and medical bills, can also be requested.
The loss of a loved one can be traumatic and nearly impossible to overcome. However, with the help of legal professionals who care about the futures of their clients, many who have lost loved ones to negligence and other accident-based causes, can find support in the recovery of their damages following wrongful death litigation.
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