WRONGFUL DEATH CLAIMS
When a death is caused by the misconduct of another person or company it is called a "wrongful death".
"Wrongful death" is a death caused by the misconduct of another person or entity. That misconduct can be anything from an intentional reckless act to one of fleeting negligence. The act can be carried out by one person or a corporation such as a drug company. By law, survivors of the deceased are entitled to receive compensation for a wrongful death. This is very similar to someone being compensated for an injury caused by some sort of wrongdoing. If your loved one has suffered a wrongful death, give us a call.
Laws addressing who is entitled to recover wrongful death damages vary by state. Usually, this list of beneficiaries includes a spouse and young children. In Florida, children above the age of 18 are able to receive Florida wrongful death damages under certain circumstances. The estate of the deceased is normally allowed a recovery for certain elements of damage.
Florida Wrongful Death Act
Florida is one of several states that treat relatives other than those previously mentioned as statutory survivors providing they relied on the deceased for support. These survivors are listed under the Florida Wrongful Death Act. Losses survivors can be compensated for differ by state and are based on the survivor's relationship to the deceased. For example, a husband or wife is typically compensated for the loss of the deceased spouse's love, friendship, support, and services for the duration of their joint life expectancy. In another example, a child is eligible for compensation for the loss of direction, affection, support, and services that would have been offered by the deceased parent. Children in their 20s are often included in this category.
The purpose of wrongful death law is to recover the damages endured by each survivor. The estate is also entitled to recover the future value of the net accumulations that the deceased would have amassed had the wrongful death not occurred. Finally, medical and funeral bills are usually recoupable by the estate or the survivor who has paid or is compelled to pay them.
Wrongful Death Statutes of Limitations
Every state has a limit on how long a person can wait before filing a claim. The statute of limitations for wrongful death claims vary by state. For example, Florida's wrongful death statute of limitations is two years from the date of death. To ensure your state's statute of limitations does not run out, contact a wrongful death lawyer immediately. The wrongful death lawyers at The Allen Firm understand no amount of money can replace a loved one. However, our wrongful death attorneys can help you understand your rights and help you file a wrongful death claim. Contact us today.