When a loved one dies at the fault of another, the survivors of the deceased may bring a wrongful death claim to probate court. This is a lawsuit against the person or entity at fault for the death of your loved one. The compensation awarded is to help recoup lost wages of the deceased, the wages lost from the survivor while grieving, funeral expenses as well as lost companionship. But not every death is a wrongful death.
Understanding who is At-Fault
There are many different examples of what qualifies as a wrongful death. Legal fault exists when a person or persons, governmental agencies or companies act negligently or intentionally willful resulting in the death of another. This can be a death from a fatal drunk driving car crash, medical malpractice, or failure to abide by safety standards. The companies responsible for faulty parts that malfunction, resulting in the death of a person can also be held liable. Government agencies, who fail to provide proper warning signs regarding road hazards, resulting in the death of a person, may be held liable as well. There are many different circumstances of wrongful death and having an attorney on your side to navigate the law will ensure you and your family are compensated accordingly.
Damages in Melbourne, FL Wrongful Death Claims
Not just any death can be qualified as wrongful death. In order for the civil claim to be brought to court, it must be brought to court by the victim’s estate. Compensation as a result of the claim is only in monetary recovery. That means that only a sum of money can be awarded to the victim’s beneficiaries. Property disputes are separate and cannot be settled as a result of a wrongful death claim. Here are some examples of monetary awards:
- Funeral expenses
- Medical expenses as a result of a fatal injury
- Loss of companionship and protection
- Emotional pain and suffering from the loss of a child
- Value of services and support from the deceased person to the surviving family
Wrongful death litigation is a complicated aspect of Florida law. If you have recently lost a loved one, it is a time in which you are processing a lot. Grieving is a healthy aspect of letting go of loved ones who have passed and cherishing the good memories. If you feel your loved one died a wrongful death, let an attorney navigate the legality of filing a claim while you get through this tragic experience.