Losing a loved one is a devastating experience which leaves you with feelings of despair and hopelessness. The death of a loved one is even more difficult to accept when the death was caused by the negligence of another person or corporation’s negligent acts.
Wrongful death is a death attributed to the wrongful act, negligence or omission of another. When such a death occurs, Florida’s Wrongful Death Act permits the family members of the deceased to file a Wrongful Death claim. For this purpose, family members ordinarily includes the deceased’s husband, wife, children and under limited circumstances, parents.
A wrongful death may arise from acts of negligence, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Drunk driving accidents
- Serious injuries
The availability of this claim is premised on the assumption that the deceased would have been able to file a personal injury claim if death had not occurred. Moreover, the family of a deceased person now suffers both emotional and economic losses for which they ought to be compensated. Such losses include:
- Loss of emotional guidance and support
- Loss of consortium
- Loss of care
- Funeral expenses
- Loss of financial support
- Loss of future support and services
A Wrongful Death claim is not a criminal charge and so does not aim to imprison the accused person. Rather, it is a civil suit by which the family of the deceased may be compensated for the loss of their loved one. Although no amount of money will adequately compensate you for your loss, the person or corporation who caused you pain may be deterred from causing pain to others. In addition, being awarded compensation can help offset all the mounting bills that arise.