Wrongful Death

South Florida Wrongful Death Attorneys

Nothing fully prepares you for the death of a loved one. The loss can be more difficult when your loved one’s fatality was caused by negligence, which is why you need guidance from a well-versed wrongful death attorney. While nothing can bring your loved one back, Florida law provides ways for family and other beneficiaries to seek compensation for the financial repercussions of a loved one’s death.

If you believe that someone may be liable for the death of your loved one, please contact the South Florida wrongful death lawyers at Robinson and Casey to schedule a free case consultation. Our accomplished legal team will review your case and be with you every step of the way as you attempt to move forward, while also ensuring that you and your family are properly compensated for your loss. We will handle your case with diligence and compassion, ensuring that your rights are protected and that the desired outcome is achieved. We understand the challenges that a family faces when losing a loved one, and you can trust in us to honor your loved one’s memory by vigorously defending your family’s rights and interests.

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What is wrongful death?

What is Wrongful Death?

Under Florida law, a death is considered a “wrongful death” if the person was killed because of someone else’s acts that the law considers negligent, wrongful, or a breach of duty. Fla. Stat. § 768.19. A wrongful death lawsuit seeks compensation for the harm family members suffered due to their loved one’s death. This might include the emotional suffering or loss of financial earnings the family has experienced. Some examples of wrongful death claims include being involved in a motor vehicle accident with a drunk driver, a preventable accident, such as a fall from a balcony that lacked safety railing, someone dying from a gunshot wound, medical malpractice or a negligent medical mistake, or a slip and fall on someone else’s property. The victims in a wrongful death case are the surviving family members. The personal representative of the decedent’s estate has standing to bring a claim on behalf of the surviving spouse, children, and other relatives.

Who can recover and for what damages?

Florida law provides two ways for you to file a claim for damages. One is a wrongful death lawsuit, and the other is a survival action. People can, and often do, file for both. Florida’s system, with its two different types of actions, is complicated. You should consult an attorney who has extensive experience in Florida with wrongful death claims to make sure that you are covering all of your bases and getting everything you are entitled to under the law.

Potential beneficiaries can recover, including the decedent’s estate, for the following damages:

Each survivor can recover for the value of lost support and services from the date of injury to his or her death, with interest, and future loss of support and services from the date of death. The law takes into consideration the relationship to the decedent, the amount of the decedent’s probably net income, and the replacement value of the decedent’s services to the survivor. Life expectancies are utilized in coming to a valuation of damages.
Surviving spouses can recover for loss companionship and protection and for mental pain and suffering.
Minor children may recover for loss of parental companionship, instruction, and guidance and for mental pain and suffering.
Parents of a deceased minor child can recover for mental pain and suffering, and parents of an adult child can recovery for mental pain and suffering if there are no other survivors.
The estate may also recover for loss of earnings and loss of prospective net accumulations.

Damages may be awarded for funeral and burial expenses, loss of future income, pain and suffering, loss of consortium (loss of a loved one’s companionship or care), and punitive damages intended to punish the defendant for their negligence.

Contact Our South Florida Wrongful Death Lawyers

If you have lost a loved one because of careless behavior, misconduct, malfeasance, or negligence, it is in your best interest to seek legal counsel. Wrongful death claims can be complex and require a strong knowledge of the laws and regulations that apply. The attorneys at Robinson and Casey have substantial experience handling wrongful death claims for our clients. Contact us today at 561-849-4700 to schedule a free consultation.

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