When someone you love has died as a result of someone else’s negligence or wrongdoing or a defective product you may be able to recover compensation through a wrongful death action. While no amount of money will put you and your family back together, it can restore your financial stability and take the uncertainty out of your financial future.
If you are considering seeking wrongful death compensation, you need the help of a compassionate and experienced wrongful death attorney. Please, do not hesitate to call the Law Offices of Lee P. Marks, P.A. and schedule your free consultation.
Wrongful Death Beneficiaries – Survivors and Estate
Under Florida law, certain loved ones, defined as “survivors”, and the decedent’s estate can receive wrongful death compensation.
Those defined as survivors include:
- Minor children – defined as children under 25 years old for wrongful death purposes
- Adult children
- Parents of minor and adult children
- Any blood relatives and adoptive brothers and sisters who were dependent on the decedent for support or services
All survivors can receive compensation for existing and future lost financial support and services, such as household duties, from the date of injury. Compensation for emotional pain and suffering is only available to the following:
- Minor children
- Adult children if there is no surviving spouse
- Parents of minor children
- Parents of adult children if there are no other survivors
Damages such as lost companionship and protection are only available to the spouse and minor children, and to adult children if there is no spouse.
The estate of the decedent can receive compensation for lost income and future lost income under certain circumstances. If you are not considered a survivor under Florida law, you may still be able to benefit from damages paid to the estate if you are a named beneficiary in the decedent’s will.
Florida Wrongful Death
A wrongful death action can be brought in any type of case where a personal injury lawsuit would have been appropriate had your loved one survived. This includes motor vehicle accidents, premises liability, and cases involving defective products.
Like all states, Florida has a time limit for filing a wrongful death lawsuit, called the statute of limitations. In most cases, this is two years from the date of your loved one’s death.
If you have lost someone you love, in the Miami and Ft. Lauderdale area, please call the Law Offices of Lee P. Marks, P.A. at 305-444-3343 or email us today to schedule your free consultation.