Understanding a Wrongful Death in Lawsuit in Florida
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Transcript of Understanding a Wrongful Death in Lawsuit in Florida
If You Have Recently Lost a Family Member and You Believe that Another Person or Entity Caused, or Contributed to,
the Death of Your Loved One, as a Survivor, You Should Be Aware of Your Legal Options and Should Have a Basic Understanding of
How a Wrongful Death Lawsuit Works in Florida
UNDERSTANDING A WRONGFUL
DEATH LAWSUIT IN FLORIDA
AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN
When a loved one dies, the grief often seems unbearable. If the death was
a wrongful death, the sense of loss is even more profound because the
death may have been preventable. If you have recently lost a family
member and you believe that another person or entity caused, or
contributed to, the death of your loved one, it is imperative that you
consult with an experienced Florida wrongful death attorney as soon as
possible.
Clearly, no amount of compensation can make up for your loss; however,
as a survivor you should be aware of your legal options and should have a
basic understanding of how a wrongful death lawsuit works in Florida.
WHAT IS A WRONGFUL DEATH IN FLORIDA?
In the State of Florida, the definition of a “wrongful death” is found in
the state’s Wrongful Death Act. According to the Act, a wrongful
death is one that is caused by a “wrongful act, negligence, default, or
breach of contract or warranty.” In other words, a wrongful death
can be the result of:
An intentional act – imagine a bar fight. The defendant engages in
an intentional act of assault with another patron. The fight goes too
far and the defendant lands a fatal blow to the victim. While this may
lead to criminal charges as well, it is certainly the basis for a civil
wrongful death lawsuit based on intentional conduct.
A negligent act–a doctor who makes a medical error is a good
example of negligent conduct leading to a wrongful death. Assume
that a doctor mistakenly leaves a foreign object (a sponge for
example) in a victim’s surgical incision and the foreign object causes
the victim to suffer from a fatal infection. That error would likely be
considered to be negligent conduct and. Therefore, form the basis of
a wrongful death lawsuit.
Strict liability–sometimes the law makes a defendant responsible
for injuries regardless of any efforts on the part of the defendant to
prevent injury. Dog attacks, for example, are often strict liability torts
by state statute. In this case, the law, essentially by default, makes
the dog’s owner responsible and culpable for a wrongful death that
stems from a dog bite.
WHO CAN PURSUE A WRONGFUL DEATH LAWSUIT?
Although a wrongful death
lawsuit cannot turn back
the clock and prevent the
loss of your loved one it
can accomplish two
important things. First, it
can provide financially for
you and your family,
something your loved one
would undoubtedly want to
occur. Second, it holds the
wrongdoer legally responsible for the wrongful conduct that lead to, or
contributed to, your loss.
In Florida, there are actually two parts to a wrongful death lawsuit because
both the decedent’s estate and survivors of the decedent may be entitled
to compensation. Therefore, the personal representative of the decedent’s
estate, usually the executor of the decedent’s Last Will and Testament,
may pursue compensation on behalf of the estate. In addition, certain
survivors of the decedent may also pursue compensation, including:
The decedent’s spouse
The decedent’s children (although minor children, defined as those
under the age of 25, are entitled to higher damages)
The decedent’s parents
When they were at least partially dependent on the decedent for support
or services, blood relatives including adoptive brothers and sisters.
WHAT COMPENSATION IS AVAILABLE IN A WRONGFUL
DEATH LAWSUIT?
In a Florida wrongful death lawsuit there are actually two separate
categories of compensation available because both the estate and the
survivors may pursue compensation. The estate of the decedent may be
entitled to the following types of compensation:
Loss of Net Accumulations
Decedent’s Lost Earnings
Decedent’s Medical And Funeral Expenses
The survivors in a Florida wrongful death lawsuit may also be entitled to
the following compensatory damages:
Mental pain and suffering
Lost support and services of the decedent
Loss of the companionship and protection of the decedent
Medical or funeral expenses if the survivor paid them
Lost parental companionship, instruction, and guidance if the survivor
is a child
The aforementioned damages are compensatory in nature, meaning that
they are intended to compensate the survivors or the estate for actual
damages suffered. If the defendant’s conduct was particularly egregious,
punitive damages could be awarded.
Because punitive damages are intended to punish the defendant and
discourage others from engaging in the same conduct, they are only
available if the defendant’s intentional, reckless, or grossly negligent
actions resulted in a wrongful death.
Because of the wide variety of factors that go into determining the value of
a Florida wrongful death case, it is always best to consult with an
experienced Florida wrongful death attorney who can evaluate the unique
facts and circumstances of your case. Moreover, because the law limits the
amount of time a survivor has to pursue compensation in a Florida
wrongful death case, it is best to consult with a wrongful death attorney as
soon as you suspect that the death of a loved one was caused by wrongful
conduct.
Florida Statutes, 768.18
Florida Statutes, 766.118
Lexis Nexis, Florida High Court Strikes Down Statutory Caps on Medical
Malpractice Noneconomic Damages in Wrongful Death Lawsuits
ABOUT THE AUTHORS
Amanda Powers Sellers
Florida criminal defense lawyer, Amanda Powers Sellers,
has aggressively defended thousands of Florida criminal
cases. With over nine years of criminal jury trial
experience, she has the necessary background to represent
cases ranging from Driving under the Influence (DUI) to
First Degree Murder.
Amanda is a seasoned litigator and an aggressive negotiator. With a wealth
of experience she has proven that her gentle, but aggressive style of criminal
defense litigation consistently achieves results for her clients.
Jenna C. Finkelstein
Florida criminal defense attorney, Jenna Finkelstein, has
over sixty (60) criminal jury trials to her credit. Her
experience defending individuals charged with crimes in
the state of Florida ranges from domestic battery to DUI
Manslaughter, Sexual Battery, First Degree Murder and all
crimes in between.
She is passionate about the law and promises personal attention to all of her
clients and their individual needs. Jenna is a seasoned trial attorney who
knows the legal system and its players. Jenna and her team at the Law Offices
of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.
Powers Sellers & Finkelstein, PLC 6344 Roosevelt Blvd. Suite B
Clearwater, FL 33760 727-531-2926
http://psffirm.com