Wrongful Death Claims
Losing a loved one in an accident can leave you feeling raw, angry, and lost. If your loved one’s death was caused by another individual’s negligence or reckless behavior, you might have grounds for a wrongful death claim. A wrongful death claim is very similar to a personal injury claim in that an individual seeks monetary compensation from the responsible party to cover the costs and damage associated with the accidental death. Wrongful deaths can occur from any type of accident, such as automobile accidents, dog bites, boating accidents, falls, and instances of medical malpractice.
The individual or group of individuals who file a wrongful death claim are called survivors. They are the individuals who receive the compensation if the claim is approved. If you are a survivor seeking compensation after a loved one’s wrongful death, contact an attorney who has experience working with this type of case to help you pursue your claim.
Who Is a Survivor?
Survivors are defined as the deceased individual’s family. Florida’s Wrongful Death Act details exactly who may be considered a survivor in a wrongful death case. Generally, the following individuals are considered to be survivors:
- The victim’s spouse;
- The victim’s parents;
- The victim’s children. Minor children, defined as those under age 25, are entitled to higher damages than adult children; and
- Any other blood relative who was at least partially dependent on the victim.
Additionally, an individual named as a beneficiary of the deceased’s estate may also seek damages on behalf of all beneficiaries of the victim’s estate. When an individual files this type of claim, the damages he or she is entitled to receive are more limited than those the survivors may receive.
Damages That May Be Recovered with a Wrongful Death Claim
When a beneficiary files a claim on behalf of the recipients of the victim’s estate, he or she may receive the following damages:
- Loss of the victim’s earnings;
- Loss of the victim’s net accumulations; and
- Costs of the victim’s medical bills and funeral expenses.
Survivors, however, may receive damages for any of the following:
- Loss of the victim’s guidance and companionship within the family;
- The victim’s medical and funeral costs if these were paid by the survivors;
- Loss of the victim’s financial and domestic contributions to the household; and
- Mental pain and suffering following the victim’s death.
The statute of limitations for wrongful death claims in Florida is two years from the date of the victim’s death. If you intend to seek monetary compensation following your loss, be proactive and start working on your claim as soon as possible.
Wrongful Death Attorneys in Winter Park, Florida
Losing a loved one in any type of accident is devastating. You should not have to shoulder the burden of all the costs associated with his or her death alone. Contact Hornsby Law Group to discuss your options for a wrongful death claim and the best way to pursue your case. Our team of experienced attorneys understand the nuances and difficulties of filing a wrongful death claim and seeking monetary compensation for your loss. Let us help you through this process by providing compassionate legal guidance while working hard to get you the money you deserve.