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Our Florida wrongful death lawyers have represented many victims in Florida wrongful death claim cases.
Losing someone that you love is always hard, but the financial hardships that you could be facing can make it much worse. If your loved one’s death was caused by the misconduct or negligence of someone else, you could be entitled to compensation to help cover the financial hardships you are facing under Florida's Wrongful Death Act and other laws. There is a time limit, so you should speak with a Florida wrongful death attorney as soon as possible.
Our Florida wrongful death lawyers can determine if you have a case and help you file it. It's always a FREE consultation! We are also often open late, and on weekends and holidays to speak with you about your potential Florida wrongful death case. Complete the form below or call an accidental death attorney at the Law Offices of Jason Turchin now at 800-337-7755 to discuss your claim.
FLORIDA WRONGFUL DEATH ATTORNEYS
Our Florida accidental death attorneys can discuss your fatal accident claim
A wrongful death is a death caused by recklessness, negligence, or a deliberate action by another person. In some cases, more than one person could be held liable for one event, such as cases involving company vehicles where both the company and the driver are found to be responsible. There are many causes of wrongful deaths, but the most common ones include:
Fatal Car and Truck Accidents
Death during Supervised Activities
Nursing Home, Group Home, or Assisted Living Negligence
If you believe you have a case, or are not sure if your loved one’s death is a wrongful death, you should speak with an accident death lawyer in Florida at the Law Offices of Jason Turchin. We will look over the case and assess if you could file a wrongful death case.
WHO MAY HAVE A FLORIDA WRONGFUL DEATH CLAIM
A wrongful death claim can be filed by the family of the deceased who were financially and/or emotionally supported by the deceased. These people can include:
Relatives who were dependent on the support of the deceased
Under Florida's Wrongful Death Statute, “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.
In the state of Florida, a wrongful death claim is generally brought by the Estate of the person who was killed. The estate needs to be placed into probate, and a personal representative will need to bring the action on the behalf of the survivors and the estate. Our Florida wrongful death attorneys can help you probate the estate and appoint the personal representative.
FLORIDA WRONGFUL DEATH CONTINGENCY FEE ATTORNEY
Our Florida wrongful death lawyers handle fatal accident claims on a contingency fee basis, which means you do not have to pay us out of pocket to help with the case. We waive all fees and costs if there is no recovery or settlement. Call us at 800-337-7755 today to discuss your Florida wrongful death claim. We are on call after hours and open late and on weekends as well.
FLORIDA WRONGFUL DEATH CLAIM DAMAGES
Each of the survivors can be entitled to different amounts of money awards, including support and services. This depends on the survivor and the relationship to the deceased. Mental and emotional pain can also be added to the claim, depending on the survivor status and type of wrongful death claim.
You may be asked to provide information such as income, and medical bills of the person who died. The Estate may be entitled to recover the medical bills and net accumulations of the person had they lived a full life.
In some cases, punitive damages are added to the total amount of damages. Punitive damages are often used as punishment. This discourages other people from behaving in similar ways, so others may not suffer the same loss you have. The court may also choose to impose punitive damages to the offender. These will be common in cases where it is evident that the party acted recklessly in an intentional manner and this resulted in wrongful death, like drunk driving. The punitive damages are meant to punish the offender and serve as a lesson to other members of the public. The main objective of an experienced Florida wrongful death lawyer is to fight for justice in the best way possible.
When calculating the net accumulations for the Estate, Florida's wrongful death statute specifies how to calculate this. It says, “Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.
Jason Turchin is a seasoned Florida wrongful death lawyer, who has been representing families that have suffered wrongful death. Having handled over 5,500 cases, We can review your claim to see what you may be entitled to.
FLORIDA WRONGFUL DEATH CLAIM TYPES OF DAMAGES
Florida's wrongful death law sets forth the types of damages you can recover, and also who may be entitled to make a wrongful death claim in Florida.
Florida Statute 768.21 provides: Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:
(1) Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
(2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
(5) Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
(6) The decedent’s personal representative may recover for the decedent’s estate the following:(a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
(b) Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
(c) Evidence of remarriage of the decedent’s spouse is admissible.
(7) All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).
Our office can help evaluate your potential wrongful death claim to see who is entitled to what damages. Whether you need a Miami wrongful death attorney, an Orlando fatal accident lawyer, a Ft Lauderdale accidental death lawyer, a Palm Beach wrongful death law firm, a Key West wrongful death claim attorney, or an attorney to help with a wrongful death claim anywhere in Florida, call us at 800-337-7755 for a free consultation.