Losing a family member is never easy, but the loss of a loved one due to another person’s wrongdoing or negligence can be unbearable. Florida recognizes the mental anguish and financial hardship that is created by such a loss and passed legislation that allows survivors to collect damages against a responsible party.
At Mase Seitz Briggs, we represent family members who lost a loved one as the result of another person’s negligence or wrongdoing. Our Miami wrongful death lawyers have recovered millions on behalf of injury victims and their families and will fight to get you the maximum compensation allowed in your case.
In the tragic event that you have lost a loved one, contact our office to speak directly with an experienced trial lawyer. All consultations are free and without obligation to retain our services.
Florida’s Wrongful Death Act
Florida’s Wrongful Death Act is codified into law under sections 768.16 - 768.26 of the Florida Statutes. The intent behind the passage of this act was to shift the losses from a decedent’s survivors to an at-fault party whose wrongful act caused his or her death.
Pursuant to the Act, only the decedent’s personal representative may bring an action for wrongful death. In turn, the decedent’s personal representative may recover for the benefit of the survivors and the estate. Under Florida law, a personal representative only has a limited amount of time to bring a wrongful death lawsuit.
To determine if you have a valid claim for damages, you should speak to a Miami wrongful death lawyer as soon as possible.
Who Can Recover Damages in a Wrongful Death Lawsuit?
In Florida, only a personal representative may bring a wrongful death lawsuit on behalf of the decedent’s estate and any survivors.
Survivors eligible to receive damages from a Florida wrongful death claim include:
- The decedent’s spouse;
- Children;
- Parents; and
- Any blood relatives or adoptive siblings who are “partly or wholly dependent on the decedent for support or services.”
At Mase Seitz Briggs, we understand how difficult it can be after the loss of a loved one. Our Miami wrongful death lawyers are compassionate, experienced, and dedicated to getting you and your family the maximum recovery possible.
When Can a Person Be Held Liable for Another Person’s Death?
In general, if another person’s wrongdoing caused the death of your loved one, they may be held liable for losses.
Florida law allows a wrongful death lawsuit when death is caused by another person’s:
- Wrongful act;
- Negligence;
- Default; or
- Breach of contract or warranty.
We know that no amount of money can ever wholly compensate you for your loss. We only hope to provide you with the financial security you need and the civil justice you deserve. A wrongful death lawsuit is designed to hold an at-fault party accountable for their wrongdoing and to shift the financial burden created by a family member’s death from the survivors to the wrongdoer.
Common Causes of Wrongful Death
There are several circumstances that may result in a person’s wrongful death. In Florida, any conduct which would have given rise to a personal injury claim had the decedent survived may also give rise to a valid wrongful death claim.
Common types of wrongful death cases include:
- Boating accidents;
- Motor vehicle accidents;
- Slips, trips, and falls;
- Medical malpractice and professional negligence;
- Construction accidents; and
- Workplace accidents.
Our Miami wrongful death lawyers have recovered millions in settlements and jury verdicts on behalf of our clients.
What Kind of Damages Can a Survivor Seek?
The amount and type of damages that a survivor can seek will depend on the number of beneficiaries, the relationship of the survivor, the age of any surviving children, and the joint life expectancy of the decedent and the survivor.
Under Florida law, all potential beneficiaries in a wrongful death claim must be named in the complaint. The survivor’s relationship with the defendant must also be noted.
A personal representative may pursue compensation on behalf of survivors for:
- Loss of support and services;
- Future loss of support and services;
- Loss of companionship and protection;
- Mental pain and suffering;
- Loss of parental companionship, instruction, and guidance;
- Medical bills; and
- Funeral expenses.
Bringing Damages for the Decedent’s Estate
Unlike some other jurisdictions, Florida allows a personal representative to recover damages on behalf of the decedent’s survivors and their estate. The type of damages that a decedent’s estate is entitled to will differ from that of a survivor.
A decedent’s estate may be entitled to compensation for:
- Loss of earnings;
- Medical bills;
- Funeral expenses; and
- Under certain circumstances, loss of the prospective net accumulation of an estate.
If you have lost a loved one due to another party’s wrongful act or negligent conduct, contact our Miami wrongful death lawyers today.
Why Hire Mase Seitz Briggs?
Florida’s wrongful death laws can be complicated. Without the help of an experienced attorney, you may not receive the compensation that you are entitled. At Mase Seitz Briggs, our skilled trial lawyers have successfully tried hundreds of personal injury and wrongful death cases and know how to hold liable parties accountable for their wrongdoing. We are committed to providing every client with the superior legal representation they deserve in the awful event that they have lost a loved one.
Get the Dedicated Representation You Need
Contact Mase Seitz Briggs today to speak directly with a knowledgeable Miami wrongful death lawyer. Our attorneys will fight hard to get you the maximum compensation available in your case.
Call our office at 305-602-4927 to get started. For over 30 years, we have been helping injury victims and their families achieve financial justice.
