As per Florida’s wrongful death statute, there are certain rules with multiple exclusions and exceptions. These mean that many people hurt on certain levels by the death of a loved one.
What is a wrongful death case in Miami?
As per the Florida law, a person can file a lawsuit when “the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.” Thus, a wrongful death claim exists when a person dies due to someone else’s fault.
Intentional deaths may also be grounds for a wrongful death lawsuit. When a loved one has been murdered, there is no denying that a wrongful death suit could help repair some of the damage. When you win a case, the court grants you a sum of money.
When it comes to a wrongful death case, you do not need to provide evidence beyond a reasonable doubt. Certainly, you have a lower standard of proof. This implies that you only have to have a few strong pieces of evidence to recover compensation.
Intentional deaths may also be grounds for a wrongful death lawsuit. When a loved one has been murdered, there is no denying that a wrongful death suit could help repair some of the damage. When you win a case, the court grants you a sum of money.
When it comes to a wrongful death case, you do not need to provide evidence beyond a reasonable doubt. Certainly, you have a lower standard of proof. This implies that you only have to have a few strong pieces of evidence to recover compensation.
What are the common causes of wrongful death cases?
When a person is killed due to the negligence of another person, surviving family members of the decedent can file a wrongful death lawsuit on the decedent’s behalf. In Miami, there are only certain close relatives of a person who will be able to bring a wrongful death lawsuit. As per the Florida Wrongful Death Act, individuals may bring a wrongful death claim if they are related to the decedent in one of the following ways that include:
- Spouse
- Children
- Parents
- Dependent blood relatives
- Dependent adoptive brothers or sisters
- Child born outside of wedlock of a mother
- Child born outside of wedlock of a father if it can be established that the father has taken responsibility for the child’s support
Who Can Sue For Damages In A Wrongful Death Lawsuit in Florida?
There are two certain types of claimants who are entitled to recover in a wrongful death lawsuit. When someone dies, they leave an estate. Their estate mainly includes the sum total of everything that they owned during their lifetime. This is left to beneficiaries, either in a will or as the beneficiaries are defined and determined by statute in Florida. Thus, the first category of claimants entitled to sue under Florida’s wrongful death statute is someone known as the “personal representative of the estate. These are the ones who are entitled to bring a wrongful death lawsuit on behalf of an estate beneficiary. In this case, available damages are pretty limited.
In another scenario, the personal representative may also bring a wrongful death lawsuit on behalf of the survivors of the person who died. The personal representative needs to include all survivors in any wrongful death action. However, they are different because they are entitled to recover different types of damages. This can often give way to way higher damages settlements. In Florida, the wrongful death statute defines who qualifies as a survivor. Survivors entitled to more significant damages include the decedent’s spouse, the decedent’s children, the decedent’s parents and when they were at least partially dependent on the decedent for support or services, blood relatives and adoptive brothers and sisters.
In another scenario, the personal representative may also bring a wrongful death lawsuit on behalf of the survivors of the person who died. The personal representative needs to include all survivors in any wrongful death action. However, they are different because they are entitled to recover different types of damages. This can often give way to way higher damages settlements. In Florida, the wrongful death statute defines who qualifies as a survivor. Survivors entitled to more significant damages include the decedent’s spouse, the decedent’s children, the decedent’s parents and when they were at least partially dependent on the decedent for support or services, blood relatives and adoptive brothers and sisters.
What are some of the other important limitations on damages in Wrongful Death Lawsuits?
Recovery by Children
A child of any age might recover for lost support and services, starting from the date of the decedent’s injury to the date of their death. He/she may also recover future loss of support and services. In case there was a surviving spouse, children over 25 cannot recover what are often more vital categories of damages. In case there was no surviving spouse, then children of any age may also receive damages for lost parental companionship, instruction and guidance, and mental pain and suffering.
Recovery by Parents
Parents need not recover for pain and suffering if the deceased child was over the age of 25 when he died unless there were no other survivors. Parents of adult children cannot recover these damages if the wrongful death was caused by medical negligence or malpractice.
Thus, parents of a deceased minor child may recover the value of lost support and services, future lost support and services, mental pain and suffering and medical or funeral expenses of the deceased child that have been paid by the parents.
Most of the parents of an adult child may recover all of the above damages. However, they cannot recover mental pain and suffering, unless there were no other survivors. Also, the parents of an adult child cannot recover mental pain & suffering damages if the death was caused by medical negligence or medical malpractice.
A child of any age might recover for lost support and services, starting from the date of the decedent’s injury to the date of their death. He/she may also recover future loss of support and services. In case there was a surviving spouse, children over 25 cannot recover what are often more vital categories of damages. In case there was no surviving spouse, then children of any age may also receive damages for lost parental companionship, instruction and guidance, and mental pain and suffering.
Recovery by Parents
Parents need not recover for pain and suffering if the deceased child was over the age of 25 when he died unless there were no other survivors. Parents of adult children cannot recover these damages if the wrongful death was caused by medical negligence or malpractice.
Thus, parents of a deceased minor child may recover the value of lost support and services, future lost support and services, mental pain and suffering and medical or funeral expenses of the deceased child that have been paid by the parents.
Most of the parents of an adult child may recover all of the above damages. However, they cannot recover mental pain and suffering, unless there were no other survivors. Also, the parents of an adult child cannot recover mental pain & suffering damages if the death was caused by medical negligence or medical malpractice.
What are some of the other complicating factors for spouses, parents, and children?
There are several complicated issues that can come into play here. The common ones include things like common law marriages, intent to divorce, remarriage, intention to remarry, adopted children, children born out of wedlock, biological fathers versus stepfathers, stepchildren, posthumous children, illegitimate children, stillborn children, divorced parents, and financial dependency.
Why hire a Miami wrongful death attorney?
When you have lost a loved one, you must not hold back from consulting an experienced Miami wrongful death attorney. He is the right person who can file your case in a timely fashion. As per Florida’s Wrongful Death Act, the statute of limitations is two years. This is pretty much shorter than other personal injury cases. In case you fail to file within this time frame, your claim will not remain valid!
In all wrongful death cases, you need to prove that someone died; their death was due to someone else’s negligence or bad intentions; the survivors are suffering monetarily due to the death and the appointment of a personal representative for the decedent’s estate.
In all wrongful death cases, you need to prove that someone died; their death was due to someone else’s negligence or bad intentions; the survivors are suffering monetarily due to the death and the appointment of a personal representative for the decedent’s estate.
