Seeking Damages After Wrongful Death In Florida

Losing a loved one is always difficult – but when it happens suddenly, due to another person’s negligence, it can feel like too much to bear alone. The idea of seeking damages is very far from many people’s thoughts in the aftermath of such a tragedy – it may even feel insulting to contemplate. However, receiving damages from a negligent actor or actors can help keep your family financially afloat while you take time to focus on healing. The right attorney can help.

Filing Suit

Florida’s definition of wrongful death is a death caused by the “wrongful act, negligence, default, or breach” of contract or warranty of another person, if that event would have let the deceased person sue if they lived. So, for example, if two cars crash in Florida, and one person is pronounced deceased at the scene, their family may file suit for wrongful death if the deceased person could have filed suit for their injuries had they survived.

It is important to keep in mind that in general, this type of action must be brought by the personal representative of the decedent’s estate, though it can be brought on behalf of the decedent’s surviving family. Generally this means a decedent’s surviving spouse, children, and/or parents, though in some cases, other dependents (by blood or marriage) who were financially dependent on the deceased person might also be eligible for recovery.

Different Types Of Damages

Sometimes, the surviving family of a deceased person will be reluctant to file a wrongful death suit because they do not believe they will recover anything from the effort. While this may be true in some cases, it is not always; if a defendant is held liable for the decedent’s passing, at least one type of damages will be forthcoming. Economic damages are essentially those that can be quantified; the most common examples include medical expenses, lost wages, and funeral costs.

Since economic damages are those which can be quantified, non-economic damages are those which are more difficult to fix at one number. For example, Florida law recognizes a cause of action for pain and suffering, but there is no specific amount one can value to measure that harm. With the right evidence and expert witnesses, though, it can be found.

Contact An Orlando Wrongful Death Attorney

If your family has been so unfortunate as to lose a loved one suddenly, it can be overwhelming. An Orlando wrongful death attorney from the Hornsby Law Group can help answer your questions about the legal process and hopefully get you the financial recovery you deserve. Contact our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2020/0768.19