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Home > Practice Areas > Wrongful Death

Wrongful Death

FuneralLosing a family member or loved caused by the negligence of another causes enormous pain and suffering, and often financial hardships.  During this difficult time you should be free to mourn your loss and feel secure in knowing we will aggressively pursue justice and compensation for your loss.  You should immediately contact an experienced wrongful death attorney to help you through this difficult time.  We will take immediate action to pursue justice for you.

Florida wrongful death cases are complex and require substantial resources to successfully resolve.  The information below is an overview of Florida wrongful death law provided for your reference:

Wrongful Death Lawsuits

Wrongful death lawsuits have procedural requirements which differ from other types of personal injury claims.  Before a wrongful death lawsuit can be filed, the law requires an estate be opened for the decedent, and the court must appoint a Personal Representative.  Only the duly authorized Personal Representative of the decedent’s estate may bring a wrongful death suit, and only one suit may be brought on behalf of all survivors.

The Florida Wrongful Death Act identifies the types of persons who are “survivors” entitled to recover damages for the death of another.  “Survivors” generally include the decedent’s spouse, minor children,* parents (of minor children),** and certain others who are partially or wholly dependent on the decedent for support or services.***

Non-Economic Damages

Under the Wrongful Death Act, compensation for “noneconomic damages” (usually interpreted as “emotional” damages) may be paid to the surviving spouse, surviving parents of minor children who have died, and minor children of the decedent as follows:

Economic Damages

Under the Wrongful Death Act, compensation for “economic damages” (usually interpreted as actual loss of money earned or paid) include the following:

    • The value of lost support from the date of injury to the date of death, with interest;
    • The value of lost services from the date of injury to the date of death, with interest;
    • Future loss of support from the date of death, reduced to present value;
    • Future loss of services from the date of death, reduced to present value;
    • Medical and/or funeral expenses due to the decedent’s injury or death;
    • Loss of earnings of the decedent from the date of injury to the date of death, less lost support of survivors, with interest; and
    • Loss of prospective net accumulations of an estate that might reasonably have been expected, but for the wrongful death of the decedent, reduced to present money value.

Surviving Spouse

  • Loss of the decedent’s companionship and protection; and
  • Mental pain and suffering from the date of the decedent’s injury and/or death.

Minor Children

*Under Florida law, “minor children” are defined as “children under 25 years of age, notwithstanding the age of majority”; therefore, “adult children” are children 25 years of age and older.

  • Lost parental companionship, instruction, and guidance; and
  • Mental pain and suffering from the date of the decedent’s injury and/or death.

*Unfortunately, under Florida law surviving children 25 years of age and older are unable to recover any non-economic/emotional damages for the death of their parent.

Surviving Parents of Minor Children

  • Mental pain and suffering from the date of the decedent’s injury and/or death.

**Unfortunately, under Florida law surviving parents of children 25 years of age and older are unable to recover any non-economic/emotional damages for the death of their adult child.

Others who are Dependent on the Decedent for Support or Services

  • Under circumstances where a survivor is not a spouse, parent, or minor child of the decedent, recovery of “economic damages” may be possible if the survivor has been financially dependent on the decedent.

***Unfortunately, under Florida law survivors who are not a spouse of the decedent, surviving children 25 years of age and older, and surviving parents of children 25 years of age and older are unable to recover any non-economic/emotional damages for the death of their loved one.

Marjorie Chalfant’s tenacious character, together with her extensive courtroom experience, knowledge of medical malpractice law and her expertise as a Critical Care Registered Nurse, give you the best advantage in receiving the compensation you deserve for the wrongful death of your loved one.

There is no charge for a consultation with our Nurse Attorney, and there are no costs or fees unless we win your case.  Please call us today at (941) 210-4220 or send us an email at e-service@thenurseattorney.com.

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