Florida’s Wrongful Death Act, Florida Statute, Chapter 768, dictates what survivors can recover after losing a loved due to the negligence or wrongful act of another person or entity. Florida Statutes section 768.19. Under Florida law, only the personal representative of a decedent’s estate can file a wrongful death claim, however the lawsuit is filed on behalf of the decedent’s specified survivors and estate. But who are considered survivors and what sort of damages can be recovered in a Florida wrongful death lawsuit? Read on to find out.
Damages Available Under the Florida Wrongful Death Act
A survivor in a wrongful death case, as defined in Florida’s Wrongful death Act, is either a surviving spouse, children of the deceased, the surviving parent(s) of a deceased minor child, the personal representative of the deceased’s estate, and anyone who has paid related funeral expenses. One important exception to the general rule that children can recover from the wrongful death of a parent is in medical malpractice cases. In a medical malpractice case, only children under 25 years old may recover any damages as a result of a medical negligence that caused a death.
The types of damages recoverable are determined by the type of survivor. Most survivors can recover lost support and services, past and future which is determined after evaluating the value of the decedents services to the survivor. A surviving spouse may also recover for the loss of companionship and protection and for mental pain and suffering. Minor children, and all children if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. The parent of a deceased minor child may recover for mental pain and suffering. Parents of a deceased adult child may recover for mental pain and suffering if there are no other survivors. The personal representative of an estate may recover for such things as loss of earnings and loss of net accumulations, with some limitations, and for medical and funeral expenses incurred as a result of the wrongful death.
Contact an Experienced Ocala Wrongful Death Lawyer
If you’ve recently lost a loved one due to someone else’s negligent or wrongful act, you should obtain legal advice to help you pursue a claim and ensure that you receive the compensation that you are due. While financial compensation will never be able to replace a family member it can often help assist a family move on with their lives from a point a financial stability. To discuss the possibility of filing a Florida wrongful death lawsuit with an experienced local attorney during a free consultation contact Piccin & Glynn, Attorneys at Law, today at 352-558-8480.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.19.html