Have you lost a loved one in an accident that was not their fault and wondering if you have the ability to file a wrongful death suit in Florida? The relationship you have to the deceased matters when it comes to filing a wrongful death suit. The guidelines as to who is allowed to seek damages are set by the Florida Wrongful Death Act.
Who Can Obtain Compensation Under the Florida Wrongful Death Act?
- Spouses – Surviving spouses can pursue a claim for loss of companionship, pain and suffering, the loss of the services that the spouse provided the relationship, and loss of income. Additionally, final expenses like funeral costs that were already paid can be included in your claim. When it comes to economic losses, future income that the partner could have made over their lifetime is considered.
- Children – Children of the deceased who are younger than 25 can pursue damages. Additionally, children can add loss of parental guidance, loss of companionship, as well as suffering that they endured from the loss.
- Dependants – A person that is dependant on the deceased can file a claim. Even if the deceased only provided partial support to a blood relative, like a grandparent who helped out grandchildren, these individuals still have the right to seek compensation for the support that has been taken from them.
- Estate – The estate can also sue for damages from lost money that the estate could have incurred if the deceased was still alive.
Are There Any Concerns About the Florida Wrongful Death Act?
Couples in committed relationships who are unmarried do not have the ability to pursue damages. Additionally, abuse to the elderly in nursing homes happens more often than it should. There are more than 5,000,000 older adults that report being abused every year. According to one study, up to 24.3% of residents in a nursing home say that they have been abused.
In Florida, there is a large elderly population. In 2019, the United States Census Bureau reports that those individuals aged 65 and older make up 20.5% of the population in the state. If an elderly person dies in a nursing home due to negligence there may not be the chance for their estate to sue.
Older children that are older than 25 years-of-age and the deceased have no surviving spouse, are limited in their rights to obtain full compensation under the Florida Wrongful Death Act. They may only be able to recover costs associated with medical costs and final expenses.
Do You Want to Learn More About the Florida Wrongful Death Act?
When you have lost a loved one from the recklessness or negligence of another party, figuring out how you can obtain compensation is difficult if you are not familiar with the laws in the state. The Orlando wrongful death attorneys at Vaughan Law Group can review your unique situation and provide you with guidance and feedback on whether or not you can move forward with a claim.
Call the Orlando serious injury attorneys at Vaughan Law Group today at (407) 648-1426 to schedule a free consultation with one of our caring and compassionate Florida personal injury attorneys.
