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If a person dies due to the legal fault of another person or entity, a wrongful death claim may exist. In Florida, those who can potentially recover damages for a wrongful death claim include:
• Spouses
• Children under the age of 25 (both natural and adopted)
• Parents
• Siblings
• Grandparents
Basically, any blood or adoptive relative who has depended upon the deceased for support or services may file a wrongful death claim in Florida. The state defines “support” as both financial and contributions-in-kind; “services” are usually held to mean anything the deceased did that now requires additional expense to maintain – household chores, driving, etc.
The type of damages that are recoverable are spelled out in the Florida Wrongful Death Act and are edited here for brevity:
(1) Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.
(2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
(5) Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
If you need more information on filing a Florida wrongful death claim, contact a Florida Wrongful Death attorney for advice and consultation.