A wrongful death lawsuit is a legal action filed by survivor(s) of a person killed by negligence, recklessness, or other reasoning by a company or entity. Wrongful death lawsuits are often complex and require consultation with an attorney to fully understand what is possible for your case.
In order to prove a wrongful death, you must prove negligence and recklessness on the part of the opposition; you must prove that the negligence was the cause of death; you must demonstrate the extent of harm caused. The extent of harm caused by the wrongful death may include medical and funeral expenses, loss of financial support, loss of estate, or emotional distress.
Typically, survivors who can file a wrongful death lawsuit are family or spouses of the deceased. According to Florida law, a personal representative of the deceased individual’s estate can file a wrongful death lawsuit on behalf of a spouse, children, or parents of the deceased. They may also file on behalf of a relative or adopted sibling who are dependent on the deceased.
Damages vary based on the case. In Florida, damages are available to survivors may include damages for pain and suffering of minors who lose the guidance and security of a parent. Parents of a deceased child can file for damages for emotional suffering and distress from a loss. The estate of the deceased may also recover lost wages, benefits, or earnings that the deceased could have made had he or she lived.
While each case is different, wrongful death lawsuits can take up to a year or more to go through the process for survivors to receive damages or compensation as a result of the suit. It’s impossible to say how long these suits will take, as it varies greatly from case-to-case.
If you have lost a loved one, we understand how painful and difficult this process can be. Wrongful death law is not easy to comprehend, and we are committed to helping you understand your options for a wrongful death lawsuit. For more information or a consultation, please contact Franco Law Firm at (813)-872-0929.