Jacksonville Wrongful Death Damages Attorneys

One of the worst things about a wrongful death is knowing that the misconduct and negligence of someone or some corporation contributed to that death. It doesn’t matter if the misconduct was intentional or just one regrettable moment of negligence, the survivors of the decedent are entitled to receive wrongful death damages that represent what the accumulation of the estate would reflect had the loved one survived.

Florida’s Wrongful Death Act dictates that the at-fault party should pay this support for anyone who depended on the decedent for support or direction. While money does not bring back the loved one it at least replaces some of the support they brought to the household.

The beneficiaries will have to form an estate to receive recovery and should expect that the nature of their relationship with the decedent will reflect what they can recover. For example, the age of minor children will be considered since they would have expected to depend on their parent for most of their youth and into adulthood. Parents, spouses, siblings, adopted children, disabled dependants, grandchildren and grandparents can all join the estate.

Some types of Jacksonville wrongful death claims can include medical malpractice; truck, car and motorcycle accidents; defective drugs and medical devices; and workplace accidents.

It will be up to an experienced Florida wrongful death attorney to prove that the death was due to the negligence of a person or corporation and they will have to prove that the family has suffered the loss of support, both now and in the future as well as loss of consortium, affection, loss of guidance if the decedent was a parent, loss of child support, medical and funeral expenses.

In some rare instances where there was gross negligence, punitive damages may be sought.

There is a basic unfairness to the Florida Wrongful Death Act. For example, if an elderly widow or widower or unmarried valued family member dies due to medical negligence, the act discriminates. No matter how important that person was to the family, with no spouse and no dependants under the age of 25, adult children cannot seek damages for their elderly widowed parent and surviving parents may not seek damages for their adult unmarried child in a medical malpractice wrongful death.

This was devised to be a concession to the medical community as part of the battle cry of "tort reform" which everyone wants until they see how it actually works (or doesn’t work). Most people believe others cases are "frivolous," the reason for tort reform and theirs isn’t. That just does not make sense. Most victims of medical malpractice never file an action against the doctor or hospital.

If a loved one dies a wrongful death other than through medical malpractice, those restrictions do not apply.

The Farah & Farah law firm is knowledgeable in Florida’s Wrongful Death Act and has compassionate Jacksonville wrongful death attorneys who will meet with you at your convenience in your time of need, pain and suffering to discuss your options at 1-800-533-3555.