Sarasota Wrongful Death Attorney

Florida law authorizes the personal representative of a deceased person’s estate to file a wrongful death claim for a death caused by a wrongful act or negligence. The estate’s representative could be someone named in the will or estate plan, or appointed by the court to fill this role. All surviving family members with an interest in the case are named in the lawsuit, along with their relationship to the deceased. Survivors of the deceased who can recover compensation for wrongful death include a surviving spouse, children, parents, and blood relatives or adoptive siblings who were dependent on the deceased in whole or in part for support or services.

Proving a wrongful death case is much like establishing a personal injury case after a car, truck, or motorcycle accident. Any motor vehicle accident can be fatal, but death is most likely to occur in a serious bicycle or pedestrian accident, drunk driving accident, or a head-on collision or rollover accident. As the plaintiff in a wrongful death suit, the burden is on the estate’s representative to prove that the other driver was negligent and that this negligence was responsible for causing the death. It requires a thorough understanding of the law as it applies to the facts of the case, and experienced legal representation is strongly encouraged, if not required.

If the wrongful death case is successful, compensation is given in two different ways. Individual family members can be compensated for:

• Funeral expenses paid by a family member
• Medical expenses paid on behalf of the deceased
• A spouse’s loss of companionship and protection and mental pain and suffering
• A child’s mental pain and suffering and loss of parental companionship, instruction, and guidance
• A parent’s mental pain and suffering for the loss of a minor or adult child in some circumstances
• The value of lost support and services family members would have received
  
  

Additionally, other damages go to the estate and are distributed to heirs and beneficiaries following the terms of the will, estate plan, or Florida intestacy law if the person died without a will. Damages paid to the estate include:

• Lost earnings from the date of injury to the date of death
• The loss of “prospective net accumulations” of the estate, meaning the value of lost earnings the deceased would have earned if not for the wrongful death
• Medical or funeral expenses paid by the estate