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Florida Wrongful Death Act – Legal Rights of a Survivor – Family Member

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Written By: Lenorae Atter
Attorney at Law
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In Duval County (Jacksonville), Florida, according to Florida Department of Highway Safety and Motor Vehicles, the traffic fatality rate in 2009 was 114 people, 49 of the fatalities were related to alcohol. Traffic accidents are often linked to someone involved being responsible for the accident. In Florida, when death occurs because of the negligence of another person, then damages can be recovered under the Wrongful Death Act.
In Florida, the personal representative for the estate may bring the action on behalf of the decedent’s survivors and estate. When there an individual passes from natural causes, the expenses of such fall to the estate and the survivors. The State’s intent was to not place the burden on the family if someone else acted negligently and that negligence caused the death. (Florida Statute 768.20)
Damages for such an action are outlined in Florida Statute 768.21, and includes but is not limited to: each survivor being entitled to the value of the loss of support from the date of injury to death; future loss of support; loss of companionship (spouse/children); pain and suffering.
Due to complexities involved in this type of legal matter, it is a good idea to seek legal advice from a qualified and experienced attorney. If you have questions, please contact Wood, Atter & Wolf, P.A.

This entry was posted in Automobile Accidents, Boating Accidents, Statutory References (Florida), Wrongful Death. Bookmark the permalink.

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