Losing a loved one is a painful experience. It is made even more painful when the death occurs and could have been avoided. Wrongful death claims are brought when a person is killed by the wrongful act or negligence of another. Who can recover in a claim for wrongful death is dictated by law under the Florida Wrongful Death Act.
Time is of the essence in wrongful death claims and the survivors must establish an estate and the personal representative of the estate must file suit within two years of the date of death. Survivors can include children, parents, and spouses. Even parents can bring a claim for the death of an adult child, not just minors. The types of damages varies dependent upon who the survivors are and can include things such as loss of companionship, loss of support and services, loss of future support and services, mental pain and suffering, and medical and funeral expenses paid by any survivor.
All wrongful death cases can include claims for the loss of earnings and for the lost net future accumulation that could reasonably been expected without the wrongful death having occurred. This future accumulation will be reduced to present value.
Injury attorney Cameron Brumbelow is experienced and knowledgeable when it comes to handling your family’s wrongful death claim. If you need help getting the estate set up and determining who the appropriate personal representative is, we can help with that as well. Most importantly get legal advice quickly so there is enough time for a proper investigation to be completed before the two year statute of limitations.
There are exceptions to who can recover benefits in a wrongful death claim, specifically in regard to Medical Malpratice claims.
