Wrongful deaths occur when someone dies because of someone else’s actions. Survivors can bring wrongful death suits in such situations. If the action was criminal, the defendant does NOT need to be found guilty to be liable for wrongful death. In addition, suicides from bullying can be considered wrongful deaths. If you have lost a loved one in what may be a wrongful death, contact a personal injury attorney like Brian Hoag immediately. There is a statute of limitations.
Wrongful Death and Possible Responsible Parties
Dangerous roadways Designers/builder of dangerous roadways
Defective products Designers/builder/manufacturer/distributor/ installer
Exposure to hazardous conditions or substances Supervisors and employers
Medical malpractice resulting in death Medical Professionals
Death during a supervised activity Including school officials who allow bullying
Vehicle accident including water- and aircraft Operator or employer of a vehicle, provider of alcohol
Generally, government employees and agencies are immune.
Filing Wrongful Death Suits
The personal representative brings the wrongful death suit on behalf of:
- The deceased’s spouse, minor children, and parents of minor children
- If a child is born to unmarried parents, the child may recover damages for the mother’s wrongful death. The deceased father must have formally recognized the relationship and be obligated for support.
- Any blood relative or adoptive sibling dependent on the deceased person for support or services.
Damages and Punitive Damages
Under Florida law, you can receive damages for loss of:
- Support and services of the deceased person
- Companionship, guidance, and protection provided by the deceased person
- Wages, benefits, and other earnings, including lost earnings
- “Prospective net accumulations” of the estate, including potential value of earnings
Damages also include
- Mental and emotional pain and suffering from the loss of a child
- Medical or funeral expenses paid for the deceased person or by the estate
- If the injury and the death of death are not simultaneous, damages can include
- medical expenses
- the deceased’s person’s mental and physical pain and suffering
Punitive damages punish the defendant and attempt to stop similar behaviors. If the defendant was particularly reckless, you may be able to recover punitive damages as well.
About Brian Hoag
Hopefully, you will never need a Tampa personal injury lawyer, but if you do, please give Hoag Law Firm a call at (727) 231-5420 or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement. It will feel great to get back to living your life.