Do You Qualify to Sue for Wrongful Death?
Gregg Hollander | October 1, 2021 | Wrongful death
The unexpected death of a loved one can cause more than just emotional pain. It may have consequences that impact your life for years to come.
For instance, perhaps your spouse is the main economic provider for your family. Their passing will result in the loss of their income. Adjusting to life without their financial support may be very challenging. That’s just one example of a significant difficulty a family may experience as a result of a loved one’s untimely death.
Nothing can fully make up for the loss of someone close. However, there are instances when the family members of individuals who have died can seek financial compensation for their losses. They may do so by filing a wrongful death claim or lawsuit. This is an option when a loved one’s death resulted from the unreasonable negligence of another party.
It’s not always clear when a family has grounds to sue for wrongful death. If you believe you have a case, the best way to determine if you should seek legal action is to review your case with an attorney. A wrongful death lawyer can go over the details and let you know whether filing a lawsuit is justified in these circumstances.
In the meantime, though, the following overview should help you better understand whether you can seek compensation after a loved one’s wrongful death.
Qualifying to Sue for Wrongful Death in West Palm Beach, FL: What You Need to Know
Florida law establishes who may sue for wrongful death, as well as when they may do so. In Florida, you have the right to seek compensation for losses resulting from a close loved one’s passing if their death could have been avoided had another party not been negligent. Essentially, if a deceased person would have had grounds to file a personal injury claim had they not lost their life, their close surviving loved ones can file a wrongful death claim or lawsuit.
Additionally, only certain individuals are permitted to sue for wrongful death. They include the following:
- In some circumstances, parents
- Any blood relative or adopted sibling
Examples of cases that may qualify as wrongful death include:
- A person losing their life in a car accident caused by a speeding driver
- A person dying as a result of an accident caused by a defective product
- Someone dying on another person’s property because the property owned failed to address a hazard or did not warn the victim of its presence
It can often be difficult to know for certain whether you have a genuine reason to file a claim or lawsuit for wrongful death. Again, this is one of the many reasons it’s wise to seek representation from an attorney. A lawyer’s expertise will help you more thoroughly understand your legal options.
What Type of Compensation is Available When I Sue for Wrongful Death?
The compensation loved ones receive when they successfully win wrongful death cases generally serves to compensate them for their economic losses. Suppose a death results in the loss of a loved one’s income. In that case, a family can recover compensation based on the amount of money their loved one would have theoretically earned over the course of their lifetime had they not passed away.
Florida law also accounts for the way the loss of a loved one’s “services” within a family may constitute a financial loss. For example, maybe the deceased was responsible for taking care of a family’s children on a daily basis. Their death may require their surviving spouse to hire a regular babysitter. This can be expensive. They might be able to recover compensation for those costs.
Additionally, the law allows survivors of the deceased to seek compensation for reasonable funeral costs. Florida’s law even allows spouses to recover compensation for their mental anguish after a death.
Just remember that proving that a wrongful death case can be challenging. Strongly consider meeting with an attorney if you have reason to believe you have justification to sue.
Contact Our Personal Injury Law Firm in South Florida
If you’ve been injured in an accident, please contact the location nearest you for a free consultation:
Hollander Law Firm Accident Injury Lawyers – Boca Raton Law Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
Hollander Law Firm Accident Injury Lawyers – Fort Lauderdale Law Office
200 S.E. 6th Street #203
Fort Lauderdale, FL 33301
Hollander Law Firm Accident Injury Lawyers – West Palm Beach Law Office
319 Clematis St #203
West Palm Beach, FL 33401