In a personal injury lawsuit, medical expenses are generally recoverable, assuming the other party is at fault. However, medical expenses may not have been a significant expense if your loved one passed away at the scene of an accident.
Instead of a personal injury suit, if you lost a loved one, you may be able to assert a wrongful death claim on behalf of your family member’s estate and the surviving family members. But, what kinds of damages are available in a wrongful death case?
What is a Wrongful Death Claim?
A wrongful death claim is a legal option if a loved one was killed due to the negligence of another person. Only certain family members can assert this type of claim. However, the family representative is required to list every family member who may have a claim on the petition. The suit must be filed within four years of the date of death in most situations.
Wrongful death claims developed in a time when one person was often the only breadwinner in a family. If that person passed away, then a family would no longer be able to support themselves.
The wife and children would then assert a wrongful death claim to compensate them for the funds that the breadwinner would have earned. Today, this type of claim applies to virtually everyone and the damages that a family could receive have been expanded.
Wrongful Death Damages in Florida
Florida has a specific wrongful death statute that explains what damages are available in a wrongful death claim.
The victim’s family or estate may also be able to recover for any pain and suffering that the victim would have felt between the time of injury and the time of death.
If you attempt to “go it alone” in a wrongful death case, you may not get all of the damages that you and your loved ones are entitled to simply because you did not know they were available.
An experienced wrongful death attorney, like those at Fetterman & Associates, PA can help. Get the law team on your side by starting with a free case evaluation. Call 561-845-2510 to get started.
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