Few things in life are as personally devastating as the sudden, unexpected death of a loved one.
Of course, the emotional impact can be crippling. Add to that the lost future financial support that the victim would have supplied for his or her family, and the stress can become almost unbearable.
If the death occurred because of the negligence of another person, however, the civil justice system provides recourse for the financial and emotional losses. Florida Statute 768.16 “The Wrongful Death Act” allows for compensation, including lost earnings, funeral expenses, loss of companionship and guidance, and mental pain and suffering.
Chapter 768.16 also identifies/limits the family members eligible to bring a claim; these individuals are known as “the Beneficiaries”. In most cases, when the deceased is survived by children, the children are the only potential beneficiaries. In some cases, parents and siblings of the deceased may also have claims. However, the only person permitted to file the claim is the personal representative appointed by the probate court.
Of course, there are lots of details about a potential wrongful death claim that a survivor would need to discuss with an attorney. The bottom line, however, is that if a person dies because someone’s failure to act reasonably there may be legal recourse that the survivors should pursue.
In the coming days look for my blog that exposes a major flaw in Florida’s Medical Malpractice Statute: HEALTH CARE PROVIDERS GET A FREE KILL.
Here at Michles & Booth our attorneys represent the families and loved ones of victims killed as the result of negligence in Alabama and Florida. Contact us today for a free consultation to learn about your rights under the law.
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