Kelley Uustal Trial Attorney
March 20, 2014

Filing a Wrongful Death Claim in Florida

When the death of a loved one is caused by the wrongful act, neglect, or default of another person or entity, you may be entitled to file a wrongful death claim in the state of Florida. Even though no amount of compensation could ever replace the loss of your loved one, a wrongful death claim allows grieving family members the opportunity to recover losses that they have accrued and will now accrue, due to their loved one’s passing.

Who Can File a Wrongful Death Claim in Florida?

The Florida Wrongful Death Act allows the following parties to file a wrongful death claim:

  • The spouse or domestic partner of the deceased
  • The child, children, or stepchildren of the deceased
  • The parent of the deceased
  • Any relative or adoptive sibling that was dependent on the deceased

Wrongful death lawsuits can be filed after any major catastrophic accident that resulted from another person’s negligence. Car accidents, trucking accidents, defective product accidents, and medical malpractice accidents are all examples of accidents that could result in the wrongful death of a loved one.

Seeking Damages in a Wrongful Death Lawsuit

In a Florida wrongful death claim, loved ones are allowed to seek specific types of damages, both economic and non-economic. Damages could include:

  • Medical expenses
  • Funeral expenses
  • Lost wages and future loss of earnings
  • Pain and suffering
  • Damaged property
  • Loss of care, companionship, and consortium
  • And more

The specific damages that you are allowed to recover depend largely on your relationship with the deceased and your degree of dependence on them. In some cases, especially those cases involving a large corporation’s negligence or wrongdoing, the court may even impose punitive damages.

Contact Our Fort Lauderdale Wrongful Death Attorneys

For decades, the wrongful death attorneys at Kelley | Uustal have been successfully fighting for the rights of grieving families in Fort Lauderdale, Miami, Palm Beach, and throughout Broward County. To learn more about your legal options, call our wrongful death attorneys at (954) 522-6601 for a free consultation.

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