Babiarz Law Firm, P.A.

wrongful death:

The unforeseen and sudden loss of a loved one can present one of life's most difficult and emotional circumstances. Many times, the grief involved with losing a family member can be paralyzing, making a return to a normal family life difficult -- if not impossible. At some point, the family must decide whether someone else's negligence was involved in the family member's death and whether their legal rights should be asserted.

Generally, "survivors" as defined by Florida's Wrongful Death Act may recover for the death of a loved one* Section 768.21, Fla. Stat.. The decedents estate may also recover damages in a wrongful death action. The estate may recover damages for the decedent's medical and funeral expenses, lost earnings, and loss of net accumulations over the decedent's lifetime. The survivors, as defined by Florida's Wrongful Death Act, may also recover:

1) lost support and services;
2) lost companionship, instruction and guidance; and
3) mental pain and suffering where authorized by statute. A survivor may also recover for medical and/or funeral expenses that he or she has paid on behalf of the decedent.

In Florida, a wrongful death claim requires that the court appoint a personal representative to bring claims on behalf of the decedent's estate and the survivors of the decedent.