Fort Lauderdale Wrongful Death Attorneys A legal cause of action for wrongful death may exist when a person dies from the negligence of another. Such a situation may arise in a number of different contexts - car accidents, machinery accidents and medical negligence – to name a few. Under the often difficult emotional circumstances of wrongful death cases, our attorneys strive to be sensitive to the loss our clients have suffered while working vigorously to help them recover what the law allows. The following are types of damages which our experienced lawyers will seek on our clients' behalf: 1. Sorrow, mental anguish, and loss of solace, which includes loss of society, companionship, comfort and guidance. 2. Any reasonably expected loss in income of the decedent suffered by the survivors/beneficiaries. 3. Any reasonably expected loss of services, protection, care, and/or assistance which the decedent provided to the survivors/beneficiaries. 4. Expenses for the care, treatment, and hospitalization of the decedent resulting from the injury prior to death; and reasonable funeral expenses. Wrongful Death FAQs List of Questions Click on a question to navigate directly to the answer. 1. If I lost a loved one – for example, my wife – from a personal injury as a result of someone else's wrongful act, fault, or omission, can I recover damages for her wrongful death? 2. How long do I have to institute an action for wrongful death? 3. What damages are recoverable in a wrongful death? Questions & Answers 1. If I lost a loved one – for example, my wife – from a personal injury as a result of someone else's wrongful act, fault, or omission, can I recover damages for her wrongful death? Yes, a spouse has a statutory right of action in Florida for the wrongful death of a husband or wife. A child may also recover for the loss of a parent or parent for the loss of a child. back to top 2. How long do I have to institute an action for wrongful death? In Florida, an action for personal injuries resulting in death is barred by the statute of limitations, unless commenced within two years from the date of the injury or in the case of a minor within two years from their 18th birthday. back to top 3. What damages are recoverable in a wrongful death? The law allows the party suing for the wrongful death, if entitled to damages, to recover for the physical and mental suffering, loss of earnings, and necessary expenses resulting from the personal injuries prior to the deceased's death, such as medical bills. Recovery for the surviving relatives is based on the pecuniary (financial) value of the life of the deceased based upon life expectancy, age, health, capacity for labor and for earning money, less what the deceased would have needed to spend for his own benefit. Your attorney will help you determine those elements of damages that are applicable. back to top
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