Wrongful Death
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Special state laws exist to provide remedies in instances of "wrongful death." Here, financial compensation is provided to the heirs, or “survivors,” of a person who died because of the negligent, willful, or wrongful act, neglect, omission, or default of another.
In Florida, a collection of statutes provide for justice in the case of wrongful death under the heading “Florida’s Wrongful Death Act,” which is located in Sections 768.16 - 768.26 of the Florida Statutes. As part of the Act itself, the Florida Legislature has explained “… it is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.”
The causes of a “wrongful death” are various: medical malpractice, defective products, plane crashes, tobacco products, and dangerous drugs are but a few of the legally recognized bases for wrongful death claims.
Those that can claim wrongful death damages are defined by law, as well. Heirs of the decedent file the claim: heirs include the decedent’s surviving spouse, children, or parents. The decedent's estate representative may file a claim as well, on behalf of other heirs. Under Florida Statute 768.10((1), “survivors” are defined as “the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support.”
Wrongful death damages include both economic damages (projected lifetime income, with no deduction for living expenses or income taxes, value of services, etc.) and non-economic ones (e.g., the enjoyment of living, pain & suffering). Heirs may also receive medical and funeral expenses. Sometimes, punitive damages may also be awarded.
If you have lost a loved one, you may be legally entitled to wrongful death damages. Please contact the Florida personal injury law firm of J.B. Harris, P.A. for a free initial consultation.
For more information:
- Center for Disease Control and Prevention
- National Patient Safety Foundation
- National Center for Injury Prevention and Control
- National Violent Death Reporting System
If your loved one has died due to the wrongful acts of another, then you may have a legal claim for wrongful death legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Miami personal injury lawyers at J.B. Harris, P.A. to schedule a free initial legal consultation at (305) 374-6360.
