Every state in the US will have its own laws and limitations regarding wrongful death compensation. In the state of Florida, no cap on wrongful death claims exists. As reported in the Miami Herald, the Florida Supreme Court found caps on noneconomic losses unconstitutional when lawmakers tried to introduce these compensation limits in 2014. You and your family should not suffer further damage or face financial hardships because of the action or lack of action of another person that resulted in your loved one’s demise. The responsible party should absorb those costs.
Every wrongful death action will carry its own potential for recoverable losses for eligible surviving family members. A lawyer for wrongful death can explain who qualifies to file a wrongful death claim, what types of losses you may qualify to collect, and what amount may prove appropriate.
Legal Remedies Available Through a Wrongful Death Lawsuit
Florida Statute § 768.21 defines the types of financial damages your family or your deceased relative’s estate may collect:
- Compensation for income from the deceased person’s job.
- Compensation for future income the deceased person would have earned.
- Compensation for household tasks and services the deceased person regularly provided.
- Compensation for the emotional impact of living without your spouse, parent, or child.
- Compensation for the cost of the deceased person’s funeral and burial.
Your loved one’s estate may also qualify to collect specific monetary awards, including pension benefits and investment income. Your wrongful death attorney can explain how courts calculate each monetary award and the amounts your family may receive.
Your Relationship to the Deceased Family Member Matters
The state of Florida does not place a monetary cap on wrongful death or the amount of compensation you can collect. The state does place a limitation on who can file a claim for wrongful death.
According to Florida Statute § 768.18, you have the eligibility to file a wrongful death claim if you bear relation to the deceased person in one of these ways:
- A legally married spouse.
- A biological or adopted child under the age of 25.
- A biological or adoptive parent.
Biological or adopted siblings or other relatives who relied on the deceased person for financial support may also have eligibility to file a wrongful death claim against the at-fault party.
For a free legal consultation, call (844) 638-1822
A Wrongful Death Lawyer Can Help Build Your Case
Filing a claim for the wrongful death of your family member involves a time-consuming process. If you file on your own, you must deal with compiling paperwork, negotiating with the at-fault party, and researching the wrongful death law while you try to grieve the loss of your loved one. You must also calculate the amount of your potential award, and any miscalculation can cost the surviving family members the money they deserve.
Wrongful death lawyers can accurately calculate the cost of your family member’s economic and noneconomic contributions to your family. Your attorneys can also accurately calculate the amount of future income and pension income your loved one might have contributed if they had survived.
A wrongful death attorney may also ensure your case is filed on time, meets all state-mandated regulations, and fully complies with legal guidelines. For these reasons, a lawyer may prove valuable in your wrongful death case.
Protect Your Right to File A Wrongful Death Claim
If the evidence proves your loved one’s untimely death avoidable and that the at-fault party failed to act with reasonable concern for your loved one’s safety, you may have a case for a wrongful death lawsuit.
It takes time to grieve the loss of your loved one and to start getting your family on track. While you cope with the emotional impact of your loss, your attorney can start building your case for compensation.
A lawyer can help you build a comprehensive case that includes the evidence and support required to prove your claim. Your lawyer can also ensure you file your wrongful death suit within the two-year general timeline the state imposes.
Call Our Wrongful Death Law Firm Today to Get Started
When someone else’s negligence results in the death of your loved one, it adds to the trauma of their passing. You may have a right to compensation for the loss of the financial contributions your deceased family member once provided. You may also qualify for compensation for the loss of their friendship and companionship.
Before accepting any offer from an insurer that may prevent you from seeking fair compensation, consider hiring an attorney for wrongful death who can help you determine the fair value of the financial award for which you qualify. Call Ben Crump Law, PLLC at (844) 638-1822.