Wrongful death is a claim or lawsuit filed against a party who is negligent or careless, and caused the death of a family member. Moreover, in Florida, our wrongful death statute sets forth legal requirements, eligibility, and damages available.
Florida Wrongful Death Claims Are Complex
Under Florida law, when a person dies, he or she is no longer a legal person or entity. Instead, an estate is created in the Probate Court in the place of person who died. Accordingly, an estate is now a decedent’s legal form.
Some people think “estate” refers only to wealthy individuals with large holdings of property or belongings. Instead, legally an estate simply means a legal interest in a decedent’s actual or expected property or money.
Personal Representative Pursues Wrongful Death Claims
Notably, a wrongful death claim can only be pursued by a Personal Representative. Moreover, a personal representative, also known as the “PR,” is appointed by the Probate Court. In Florida, a Personal Representative need not be a blood relative. However, this person must act in an estate’s best interests. Moreover, this prevents a PR from self-dealing or taking action adverse to an estate’s interests.
People who are eligible to receive money damages are family members. Furthermore, only surviving family members, including biological children, adopted children, and legally married spouses, are eligible to receive money from a wrongful death claim.
Under Florida law, a person engaged for marriage is typically not an eligible survivor. Typically, a fiancee cannot assert his or her own damages claim. However, non-relatives may be eligible for proceeds through a Last Will and Testament. Accordingly, these legal papers designate specific individuals as beneficiaries.
Wrongful Death Claim Arises Just Like Personal Injury Claims
Similar to a personal injury claim, a wrongful death claim begins when a careless or intentional act causes death. Accordingly, a death occurs because careless acts occur. Some common examples are listed here:
- car accident
- commercial vehicle accident
- motorcycle crash
- pedestrian collision
- scooter accident
- bicycle collision
- traumatic brain injury causing death
- work injury
- construction accident
- defective product
- dangerous prescription drugs
- dangerous property conditions
There are many other careless acts resulting in wrongful death claims. Accordingly, in every instance, contact experienced counsel.
Fort Myers Wrongful Death Claim Lawyer Pursues Justice in Southwest Florida
Compensation includes money damages. For example, mental pain and suffering, value of lost services, lost income, loss of companionship, medical bills, and funeral and burial expenses.
If you are a surviving family member whose loved one died from careless acts, then you may have a death claim for high compensation. Accordingly, choose experience.
In Southwest Florida—Lee County, Collier County, Charlotte County, Hendry County, Glades County and nearby communities—contact Fort Myers wrongful death lawyer David Harris for your free consultation. Begin this process as soon as possible, so David can begin protecting your rights and investigating your claim.
David understands losing a loved one, and vigorously pursues maximum financial compensation for your harms and losses. Your initial consultation is free, and there is no obligation.