According to state law, a person is considered to have died owing to the negligent, wrongful, or careless actions or inactions of another party. Similar to numerous other states, wrongful death claims are governed by special laws that address the procedure, potential damages, and the time limit for bringing a claim of this kind.
For those who are unfamiliar with civil litigation, the civil court process can be complicated, and there are extra obligations to fulfill in instances involving an unexpected death. A knowledgeable wrongful death lawyer could assess your case and decide if it qualifies as a wrongful death lawsuit.
Frequently Occurring Fatal Accidents
A multitude of events and situations, including auto accidents, slip and falls, medical malpractice, and criminal activities, may give rise to a wrongful death lawsuit. Think of a wrongful death case as a personal injury lawsuit with one key difference: the injured party is no longer able to pursue a claim on their own since they have passed away. This is a commonly helpful comparison. It’s also crucial to understand that a wrongful death could occur from someone’s inaction, such as a doctor misdiagnosing a patient.
The Way State Law Handles Injustices in Deaths
It is also essential to comprehend how state law defines a wrongful death in order to decide what qualifies as a civil claim. Three separate acts under state law address the various categories of wrongful death claims.
General
The general wrongful death legislation gives a deceased person’s dependents a chance to get compensation. In a general wrongful death lawsuit, typical damages that could be awarded include, but are not restricted to, costs associated with the deceased person’s medical care, burial, and funeral, as well as lost wages and future earnings. In the event that a claim is approved and money is given to the dependents, the money is initially transferred to the estate of the deceased person in order to cover any funeral or medical expenses, and then it is distributed to the heirs.
The recoverable damages are usually the same for a deceased person who is not a child, is single, and has no dependents or children; however, there may also be recovery for the loss of the deceased person’s love and companionship. According to Florida Code Section 34-23-1-2, the maximum amount of compensation for extra damages that may be awarded under this wrongful death claim is $300,000.
What Happens If a Child Is Killed Unlawfully?
The final group of wrongful death statutes under state law includes individuals under the age of twenty-one who are single, or under twenty-three if they were enrolled in a tertiary educational institution at the time of death. The expenses incurred for a child’s burial and medical care can be recovered in a wrongful death lawsuit.
