The Florida legislature enacted “The Wrongful Death Act” for the dual purpose of providing justice for the survivors of the decedent and holding the wrongdoer liable.
This “Wrongful Death Act” is codified under Florida Statutes §768.16- §768.26 and permits the survivors of the decedent to maintain a cause of action against the wrongdoer and recover for damages.
The death of a loved one is one of the hardest things that a person can deal with during their lifetime. The resulting stress and pain is exacerbated when this loved one is wrongfully taken away through the negligence or misconduct of another person or corporation. At Cohen & McMullen, P.A. we hold our family and ethical values higher than any other and recognize that the loss you have suffered and the accompanying circumstances demands justice.
Under the Act, a “survivor” is any of the following:
- Decedent’s Spouse
- Decedent’s Children
- Decedent’s Parents
- Decedent’s Blood Relatives or Adopted Brothers and Sisters when they are Partly or Wholly Dependent on the Decedent
Once the survivors are determined, an action is brought by a personal representative of the decedent who recovers on behalf of the survivors and the decedent’s estate. The Act permits the survivors, by and through the personal representative, to recover for the following:
- Value of the lost support and services from the date of the decedent’s injury to his or her death, with interest
- Future loss of support and services from the date of death
- Loss of decedent’s companionship and protection and for mental pain and suffering from the date of injury – applicable to surviving spouse only
- Minor children (meaning under the age of 25 years old), and all children if there is no surviving spouse, for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury
- Parents of deceased minor child may recover for mental pain and suffering if there are no other survivors
- Medical and funeral expenses expended by a survivor
- Personal Representative can recover for loss of earnings from the date of injury to date of loss, with interest, and loss of the prospective net accumulations of the estate
If you believe that a loved one has lost his or her life as a result of the wrongdoing of another, we advise that you contact an experienced wrongful death lawyer immediately. Swift action is necessary to ensure that your rights under the law are protected and that justice is done. Do not allow the responsible party to escape justice.