Having to deal with the death of someone you love is a challenging and emotional time. However, if the death of your loved one was caused by the carelessness or negligence of another person or entity, it only makes a bad situation worse.
If someone else’s negligence results in the death of someone you love, Florida law may be on your side and allow you to recover compensation from the negligent party. Our Daytona wrongful death lawyer can advocate for you and your family to help you with this situation. It’s best to get in touch with our team to learn more about our services and how we can help with your case.
Common Causes of Daytona Beach Wrongful Death Lawyer
According to information provided by the CDC, it’s estimated that around 120,000 people pass away each year in the United States because of unintentional injuries. Some of the injuries occur because of the negligence of someone else. Common causes of accidental death that may qualify you to file a wrongful death claim in Daytona, Florida include:
- Accidents caused by defective equipment or products
- Car accidents
- Medical malpractice
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Accidents that involve public transportation
Our legal team understands that no amount of money can help bring your loved one back. While this is true, receiving compensation through a wrongful death claim will help you cover any expenses and the financial support you lost when your loved one passed away.
Who Is Allowed to File a Wrongful Death Claim in Daytona Beach?
According to Florida law, a situation of wrongful death occurs if an accidental death is caused by someone else’s negligence. Along with a person being the cause, it is also possible for hospitals, businesses, corporations, and more to be liable for these situations. One example would be a death caused by a product. In this case, it could be the seller or manufacturer who is liable for the death. Our legal team will investigate the situation to determine who should be held liable for the death that occurred.
There are certain requirements that must be met to file a wrongful death claim in Florida. One is your relationship with the person who died. In Florida, it must be a close family member to the dead individual, such as a spouse, child, and sometimes parent or sibling.
To know if you qualify to file a wrongful death claim in Florida, you should speak to our Daytona wrongful death attorney. We can help you determine if you are eligible to file this claim and receive compensation.
Survival Action vs. Wrongful Death
In some situations, you will need to know the difference between a wrongful death lawsuit and survival action. It’s possible to file for survival action if the person who passed away suffered serious injuries before passing. The primary difference between wrongful death and survival action is that a survival action is focused on how the individual suffered before they died.
A wrongful death claim, on the other hand, is focused on the grief and financial losses that the family of the deceased individual suffered.
Statute of Limitations for Wrongful Death in Daytona Beach, Florida
In the state of Florida, wrongful death claims must be filed within two years of the person’s death. While this can be postponed in some situations, this is not always the case. Because of this, it is best to contact our legal team to get started with your lawsuit right away.
Types of Damages You May Receive from a Daytona Beach Wrongful Death Claim
You will file a wrongful death claim in Florida civil court. They will be resolved by determining a fair amount of monetary compensation.
There are two parts of the compensation. This includes what the person’s estate can recover and what the person’s surviving family can recover.
You can consider the estate as something separate. Some of the compensation a person’s estate can recover include:
- Funeral and medical costs
- Lost earnings
- Loss of net accumulations
For survivors, the type of damages that can be recovered include:
- Loss of services and support
- Loss of the guidance, instruction, protection, and companionship from the decedent
- Pain and suffering
- Funeral and medical costs (if paid by the surviving family members)
According to the information contained in the Florida Wrongful Death Act, a deceased person’s children, 25 years of age and older, will only be able to recover for lost parental instruction, guidance, and companionship if there is not a surviving spouse.
Common Questions About Wrongful Death Claims in Daytona Beach, Florida
We get a lot of questions related to wrongful death claims. Some answers to these common questions are found below.
What exactly is wrongful death?
In Florida, the term “wrongful death” applies to the death of someone that results from the conduct of someone else. This may be due to a failure to act or because of a negligent act by that person or entity. It is not the same as murder in an important way – the distinction is that a wrongful death suit is a civil matter while murder is a criminal matter.
What are the most common causes of wrongful death cases?
A wrongful death case may occur after a motor vehicle accident, which includes auto product liability claims, medical malpractice, workplace accidents, DUIs, motor vehicle accident, and more. Every type of case is unique and different evidence and documentation are required to prove them. However, the common thread in every single case mentioned is that a person’s death is caused by someone else. When this happens, the surviving family of the individual who died may be able to recover monetary compensation for their loss.
Who is legally allowed to file a wrongful death claim in Florida?
As mentioned above, in the state of Florida, only family members of the deceased individual will be able to file a wrongful death claim. While the death of someone may also be devastating to distant family members, friends, and acquaintances, it does not give them the right to file this claim and Florida law has been extremely clear on this topic. While most wrongful death cases in Florida are filed by the deceased person’s spouse or parents, children of the individual can also file a claim in some cases.
What types of damages can be recovered in a Florida wrongful death lawsuit?
The damages that can be recovered in a wrongful death case in Florida depend on several things. In most cases, you can recover compensation for funeral and medical costs associated with the person’s death. It’s also possible to recover compensation for the loss of future earning losses that are incurred because of someone’s death. If they supported the household, you could recover compensation for this, as well. Some juries may award funds for the emotional toll that the loss of companionship of someone caused. Punitive damages may also be awarded if the act that caused a person’s death was especially brazen or negligent.
How are wrongful death and murder different?
Murder charges are filed in a Florida criminal court. However, a wrongful death claim will be filed in Florida civil courts. With a criminal charge, the defendant (if found guilty) will be punished for the crime with the assessment of fines and time in jail. In civil cases, when a defendant is found to be “liable” they will be held responsible financially for the death of the victim.
For criminal murder cases in Florida, it is up to the prosecution to prove the individual is guilty. However, in a wrongful death case, the plaintiff is tasked with proving guilt. Also, when a murder case is going on, the jury will consider things like the intent of the person when it came to the crime. For wrongful death cases, a juror would figure out if the defendant acted negligently and if this negligence caused fatal injuries to the deceased individual.
What are the elements of a Florida wrongful death case?
To achieve success with a wrongful death claim, it is necessary that the plaintiff in the case, with the help of their attorney, prove the following:
- The death of their loved one was the result of actions or inactions by the defendant.
- That the death of their loved one occurred because of the person’s negligence or some other wrongdoing.
- That the person’s death caused family members monetary damages or costs.
How will damages be determined in a Daytona Beach wrongful death case?
For any personal injury case, including wrongful death, the damages that are awarded are based on the impact that the injury had on the affected party. While this is true, the damages for wrongful death will compensate the family members of the person left behind for the impact of the loss. This compensation will focus on the family’s financial and emotional well-being. For most wrongful death situations, a plaintiff will usually receive compensatory damages that will cover things like funeral and burial costs, medical care, and other expenses that the family incurred due to the death of their loved one.
When it comes to compensatory damages for wrongful death, there are some situations when the court will award the plaintiff the income that the decedent would or could have earned if they had not passed. In these situations, any lost income is determined by the victim’s age and when they died, their overall life expectancy, and total earning potential. In some cases, compensatory damages will also be given for the value of the contribution the decedent made to the household, such as childcare and housekeeping services. There are also non-economic damages that may be awarded to cover things like emotional distress and grief. Along with compensatory damages, some courts will award punitive damages to the remaining family. These are given when the negligent act was particularly egregious, such as driving drunk and hitting a pedestrian with a vehicle.
Contact Our Daytona Wrongful Death Attorneys Near Me For Help
Did you lose a loved one because of the negligence of another party? Are you struggling to recover after their death? If so, you may be able to file a wrongful death lawsuit. Our legal team is here to help you with each step of the process to ensure you recover the compensation you deserve for your losses.
With our help, you can feel confident that you will get what is fair. While no amount of money can make up for a loved one, our goal is to help you cover the financial loss that you have inured.
Daytona Beach Wrongful Death Law Office
Shiner Law Group
1635 South Ridgewood Avenue, STE 218
South Daytona, FL 32119