Category Archives: Wrongful Death

What Are the Legal Rights of Family Members in the Florida Wrongful Death Case of a Passenger in an Automobile Accident?

In Florida, automobile accidents and trucking accidents are reported and seen on a daily basis in virtually every community.  Tragically, some of these automobile accidents / trucking accidents result in the death of a driver and / or passenger.  When a passenger dies as a result of an automobile accident or trucking accident in Florida, a wrongful death case can be pursued if it can be established that the passenger died as a result of the negligence of one or more driver involved in the traffic accident.   As a passenger, there is rarely any fault to apportion to the … Continue reading

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What Damages Are Awardable in a Wrongful Death Case from an Automobile Accident?

When a family member dies as a result of the negligence of another person or a company, business, or government, there may be grounds to pursue a wrongful death case. What damages are award-able in a death case? The answer to this question depends on a number of factors including the following: Factors Involved In A Wrongful Death Case The Location of the Incident.   Each State has its own wrongful death laws in place.  In most instances, a wrongful death case must be pursued in the State where the incident took place and pursuant to the laws of the … Continue reading

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Who Is Entitled to Recover Damages When a Family Member Dies in a Florida Automobile Accident?

In Florida, drivers and passengers are the unfortunate victims of fatal automobile accidents. When an accident ends a life of a person and it is caused by the negligence of another driver, a family member can pursue damages for the death or loss of the accident victim. Florida has statutes or laws in place that governed the wrongful death of a victim in a Florida automobile accident. When a death is the result of the negligence of another person, the family member can bring a Florida wrongful death case to pursue damages caused as a result of this negligence. The … Continue reading

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How Is a Minor Child Defined Under the Florida Wrongful Death Act?

In Florida, children rely on parents for comfort, support, and guidance from birth through childhood and well into adulthood. Many children form a bond with a parent that goes well beyond the child’s 18th birthday which is the typical age of majority or adulthood in the State of Florida. The Florida Wrongful Death Act defines a minor child as a child under the age of 25. The investigation and pursuit of a Florida Wrongful Death case can be complicated. A Florida Personal Injury Lawyer can help the family get through the challenges of a Florida Wrongful Death Case. There are … Continue reading

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What is the Purpose of the Florida Wrongful Death Act?

What is the purpose of the Florida Wrongful Death Act? Pursuant to Section 768.17, Florida Statutes – Legislative Intent, the purpose of the Florida Wrongful Death Act is the shift the losses resulting when a wrongful death occurs from the survivors of the family member of the decedent to the wrongdoer. What does the shifting of the loss mean? It means that the surviving family members can pursue a cause of action or a lawsuit against the wrongdoer – the person or entity that caused or significantly contributed to the wrongful death. Many people do not realize that the damages … Continue reading

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What is Florida’s Wrongful Death Act? How Does It Work?

What is Florida’s Wrongful Death Act? How Does It Work? These are two excellent questions. In Florida, wrongful death cases are governed by Chapter 768, Florida Statutes and related case law. Chapter 768 sets forth in detail who can bring forth a legal action for the wrongful death of a family member, and what damages can be pursued, what persons qualify as beneficiaries or survivors in a wrongful death case. Interpreting and understanding the details and nuances of Chapter 768, Florida Statutes and other laws pertaining to a Florida Wrongful Death Case can be very complex and difficult. Because of … Continue reading

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What Damages / Evidence Are Considered When a Persons Loses a Spouse Due to a Florida Wrongful Death?

In Florida, a wrongful death can and does have a life long impact on the surviving spouse and children. Cases involving the wrongful death of a spouse in Florida are controlled by Chapter 768 – Florida Statutes. Damages and compensation are particularly governed by Section 768.20, Florida Statutes. The amount of damages awarded depend on a number of factors including the length of the marriage, quality of the marriage, and dependence emotionally and financially on the person who was the victim of the Florida Wrongful Death. A Florida Personal Injury Attorney can help the surviving spouse through the complex legal … Continue reading

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Florida Wrongful Death Act – Is the Value of the Life of the Decedent or the Value of the Loss of the Surviving Family Members?

In Florida, there are specific laws, statutes, and cases in place that govern the pursuit of a Florida Wrongful Death case. Many people believe that the purpose of a wrongful death case is to pursue the loss or value of the life of the family member. Florida Wrongful Death cases are governed by Chapter 768, Florida Statutes and related case law. When pursuing a case for wrongful death, it is important the the relevant statutes are followed and that the case is pursued according to the specific Florida laws on point. There are many twists and turns to a Florida … Continue reading

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Is Marital Discord or a Potential Divorce a Factor to Be Considered in Compensating a Surviving Spouse in a Florida Wrongful Death Act?

In Florida, the surviving spouse is entitled to compensation for economic losses and non-economic losses when his or her spouse in a Florida Wrongful Death action. A Florida Wrongful Death attorney can help a surviving spouse and other family members with the complex legal issues that are often times involved in such an action, claim, and / or lawsuit. As noted in Adkins v. Seaboard, 351 So.2d 1088 (Fla. 2nd D.C.A. 1977). The wrongful death statutes allow for the recovery of economic losses which include loss of support and services. The statute also allows for the recovery of sentimental losses … Continue reading

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Can a Child Born Out of Wedlock Bring a Wrongful Death Case for the Death of a Parent in Florida?

In Florida, the death of a parent can and does have a lifelong effect on the surviving children of the parent. It is most unfortunate and tragic when a person loses his or her life due to the neglience or fault of another person, business, and / or government entity. Florida law recognizes the rights of children born during the marriage of the right to recover damages and compensation for the loss / death of a parent. Furthermore, Florida law recognizes the right of a child born out of wedlock to the compensation / damages as well. There are a … Continue reading

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