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A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to certain persons identified by statute. An attorney experienced in wrongful death law can explain all of the intricacies of these lawsuits and help achieve the best possible outcome for survivors.
In order to bring a successful wrongful death cause of action, the following elements must be present:
• The death of a human being;
• Caused by another’s negligence;
• Loss as a result of the death, and;
• The survival of family members or others named by statute as being entitled to sue.
A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
• Medical malpractice that results in decedent’s death;
• Automobile or airplane accident;
• Occupational exposure to hazardous conditions or substances;
• Death during a supervised activity.
Pecuniary, or financial, injury is the main measure of damages in a wrongful death action. Financial loss includes the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. The damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries to the persons for whose benefit the action is brought, resulting from the decedent’s death. If the persons bringing the action paid or are responsible for the funeral expenses or medical care incidental to the injury that caused the decedent’s death, they may also recover those expenses.
Survival Actions for Personal Injury
Under Florida law, if the decedent died as a direct result of the wrongful act, “Wrongful Death Statute” applies. But, if a person with a valid personal injury claim dies of causes unrelated to their injury, then the “Survival Statute” applies. Under Florida’s survival action the personal injury case of the decedent “survives” and continues as if the person had lived. Contrary to popular belief, a valid personal injury claim (not resulting in death) does not die with the decedent.
At the Young Law Firm of Florida we handle all personal injury cases on a contingency fee basis. This means that you pay nothing up front and nothing if your claim is unsuccessful. You only pay if we win.
The bottom line is this: If we don’t recover money for you, you pay us nothing. This means no fees or costs. We ONLY get paid if we get you paid!