Wrongful Death
Florida Statute 768.16, also known as the Wrongful Death Act, allows certain survivors to recover compensation for the death of an individual that was caused by a wrongful act, negligence, breach of contract, or default. Survivors who can file a wrongful death claim include the descendant’s spouse, children, parents, and any blood relatives or adoptive brothers and sisters who depended on the deceased for support or services. Call the office of Mark H. Wright, PLLC for help.
What Damages Can a Wrongful Death Claim Seek Compensation For?
- Loss of deceased’s anticipated income;
- Loss of inheritance;
- Pre-death medical costs;
- The pain and suffering of the deceased pre-death;
- The pain and suffering of survivors after the death; and
- Funeral and burial costs.
As an article in the Florida Bar Journal mentions, economists and attorneys base lost earnings on an average of the decedent’s actual earnings in the years leading up to the death with the help of information from tax returns and on average earnings for workers with the same level of education or with a similar job position.
The Most Common Wrongful Death Claims
- Traffic Collisions—There are over 3,000 fatal traffic collisions every year in Florida, and in almost all of these incidents, one or more drivers are at fault. Careless driving, speeding, aggressive driving, and driving under the influence of alcohol are among the most common causes of wrongful death traffic claims.
- Car collisions
- Pedestrian fatalities
- Bike collisions
- Motorcycle collisions
- Truck and commercial vehicle collisions
- Limousine collisions
- Uber and Lyft collisions
- Defective part claims
- Nursing Home Abuse and Neglect—Elders, even those who are in their 80s or 90s, deserve a high standard of care when it comes to nursing home facilities. If your loved one passed away due to negligence, the responsible party should be held accountable.
- Premises Accidents—A premises fatality can occur in a private business, house, condominium, apartment, or public facility. As such, any of those parties can be held accountable if they are found to be negligent in their duty to maintain a safe premises for all invitees.
- Swimming pool fatalities
- Slip and fall
- Elevator fatalities
- Dog attacks
- Boating Fatalities—Boating while intoxicated, inexperience, and distraction are common causes of boating and personal watercraft fatalities, which occur when one or more parties allows themselves to take negligent actions that jeopardize the safety of others.
- Workplace Fatalities—While workers’ compensation pays a small amount of a victim’s damages, it will not cover the victim’s pain and suffering or full lost earning capacity, or the survivor’s loss of consortium and loss of joy of life. These significant damages can only be compensated for by filing a wrongful death claim.
Call Our Lawyers Today
While no amount of money can ever right the wrong that was caused to your loved one and your family, a wrongful death claim can help bring closure and a sense of justice, as well as help provide for you and your loved ones in this difficult time. Call the lawyers at the office of Mark H. Wright, PLLC. Contact our offices today at 813-425-2020 to schedule a free consultation.
