Fort Lauderdale Wrongful Death Lawyer
It is always devastating when a loved one passes away, however, when the death was caused by the fault or negligence of another person, it can be even more difficult for surviving family members.
In Florida, when a wrongful death has occurred, those family members may be able to sue the negligent parties for compensation. When they do, they will need a Fort Lauderdale wrongful death lawyer that can help them with their case. An experienced injury lawyer in Ft Lauderdale can assist an individual in building a claim to help recover any potential compensation they may be entitled to.
Understanding Wrongful Death
Under Florida’s Wrongful Death Act, a wrongful death occurs anytime an individual passes away due to the negligence, recklessness, or carelessness of another person. When that happens, certain family members may be able to file a lawsuit against the negligent party in order to receive compensation.
The most common causes of wrongful death accidents in Florida are:
- Motor vehicle accidents
- Medical malpractice (errors)
- Accidents in the workplace
- Defective drugs and/or products
From motor vehicle accidents to defective products, an experienced Ft Lauderdale wrongful death lawyer can help build a proper claim no matter the cause of death.
The Wrongful Death Act in Florida also states that surviving family members may seek compensation for the deceased’s wrongful death. However, the only person who can legally file a wrongful death suit is the representative (or the executor) of the deceased’s estate. The representative must be a resident of Florida, have a vested interest in the estate, and not be under any legal disability.
In cases where no will has been created or no personal representative has been designated within the will, the courts will typically allow the spouse of the deceased to file a claim.
Compensation can be sought for:
- Any medical and/or funeral expenses survivors incurred
- Pain and suffering of surviving spouse, children and/or parents
- Loss of companionship for a surviving spouse or child
- Loss of financial support for any dependents that relied on the financial support of the deceased
When determining how much compensation to award, the courts will look at the relationship with the deceased person, the life expectancies of both the deceased and surviving family members, and the net income of the deceased before they passed away.
When survivors seek compensation for the wrongful death of a loved one, they should first speak to a wrongful death lawyer in Ft Lauderdale.
Compensation for the Estate
In Fort Lauderdale, it is not only surviving family members that may claim compensation, but also the decedent’s estate. The estate includes any assets that belonged to the deceased and were in their name alone. This compensation will go directly back into the estate, and not to surviving family members. This compensation may include:
- Any funds the deceased would have left to the estate
- Any funds the deceased had spent on funeral costs or medical costs that were associated with the wrongful death
- Any lost earnings the deceased would have had the chance to earn throughout their remaining lifetime
Survival actions can also be made on behalf of the estate. These are actions that will provide a continuance for any personal injury lawsuit the deceased had filed before their death. However, if that personal injury eventually contributed to the deceased’s death, a survival action cannot be made. Such elements can be best explained by a Fort Lauderdale wrongful death lawyer.
Importance of a Fort Lauderdale Wrongful Death Lawyer
Although they may seem fairly straightforward at first, wrongful death cases in Florida can quickly become complicated. This can make the entire process even more difficult for grieving family members if they do not have a skilled local attorney.
If you have lost a loved one, and you believe it was due to someone else’s negligence, contact a Fort Lauderdale wrongful death lawyer that can help right away.