Wrongful death refers to a civil action seeking compensation for damages from the individual or company responsible for the death of an individual. A wrongful death action is not a criminal action and may be filed even if criminal charges were not brought or were dismissed. Some wrongful death actions may arise out of a criminal act, but it is not necessary that a person is charged with a crime to be found legally responsible for causing the wrongful death of another person.
Florida’s wrongful death statutes define a wrongful death as a death caused by a “wrongful act, negligence, default, or breach of contract.”
Examples of situations that might give rise to a wrongful death claim include:
Tragically, there is simply no way to bring back a loved one whose life was claimed by the negligence of another. Though imperfect, our system of justice allows for an award of money damages to compensation an individual’s survivors for their loss. The amount and type of damages a survivor may be entitled to receive depends on the relationship between the survivor and the deceased individual. The wrongful death statutes dictate damages for a wrongful death claim.
Examples of damages that may be available to survivors include loss of support and services, mental suffering, loss of companionship, medical & funeral expenses paid by a survivor, and loss of parental instruction and guidance. In addition, the estate of a deceased person may seek compensation on behalf of the survivors for loss of future earnings of the deceased and other monetary losses.
The calculation of damages in a wrongful death claim is a complex matter. It is extremely difficult to place a monetary value on the services, companionship, guidance, and suffering associated with the loss of a loved one. A Palm Beach wrongful death attorney uses the evidence in the case to effectively explain to a jury the enormous loss for the family now that their loved one is no longer with them. As experienced wrongful death lawyers for Palm Beach County, we understand how to utilize the facts in the case to maximize recovery.