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Who Can File a Wrongful Death Claim?

Signing legal documentWrongful death claims may be filed on behalf of the deceased when death was caused by negligent or harmful intent by another.  It is not just limited to accidental or intentional death from another person, claims may be filed against companies for faulty or defective products, pharmaceutical companies, or even businesses.  A Melbourne, FL attorney can help you decide if your case has a valid claim and if moving forward in pursuit of compensation would be appropriate.

Untimely Accidents

It is never easy to be left behind.  When a person unexpectedly dies through the fault of another, intentionally or not, the survivor is left with financial expenses on top of their crushing grief.  Some of the most common accidents that are generally covered, but not limited to, under wrongful death law include:

  • Car accidents
  • Boat accidents
  • Nursing home negligence or abuse
  • Premises liability
  • Medical malpractice

No one can prepare you for the loss of a loved one.  Wrongful death claims allow for the deceased’s family to receive restitution and compensation for the unexpected loss.  The Florida statues are there to protect the family and hold the offending party to a level of responsibility.  If the death was caused by defective products, they are expected to resolve the issue.  It is the very reason why the recall system is in place.  It provides the offending party the opportunity to correct the offenses to prevent further occurrences.

What do Wrongful Death Claims Cover?

Seeking recovery is not about taking the offender for all they are worth.  Florida statutes are in place to protect both parties.  However, claims are processed to award damages that cover the following:

  • Lost services and companionship from the deceased
  • Emotional and mental pain and suffering
  • Outstanding medical bills
  • Funeral expenses
  • Loss of earnings and net accumulations from estates

Wrongful death claims do not address any criminal charges that may be brought to court.  Wrongful death is an aspect of personal injury law, also known as tort law, and only seeks to provide monetary compensation to help cover the burden of cost.

There is a statute of limitations when bringing forth a wrongful death claim.  A Melbourne area attorney can help the survivor of the deceased to properly file the claim and legally represent the deceased’s and survivors’ interests in court should a settlement not be reached beforehand.