When a loved one suddenly and unexpectedly passes away, the pain can be excruciating. The grief is worsened when the loved one passes away due to the negligence of others. In cases where a death was avoidable, the victim’s family can often seek a wrongful death lawsuit to receive compensation for their loss.
At the Khonsari Law Group, we understand how stressful and emotional coping with the death of a loved one is, and know that a wrongful death lawsuit should not add to your stress. Our compassionate team of attorneys are here to relieve some of your stress by helping you and your family seek compensation to cover the emotional and financial damages from this horrible event. In a wrongful death lawsuit, compensation can cover everything from funeral costs to loss of income.
A wrongful death in the state of Florida is defined as the loss of life due to the negligence or misconduct of another. Wrongful death lawsuits aim to hold the responsible party liable for a preventable death. It is designed to give compensation to relatives and loved ones who were financially and/or emotionally supported by the deceased.
Some of the most common causes of wrongful death include:
– Car Accidents
– Birth Injuries
– Truck Accidents
– Medical Malpractice
– Workplace Accidents
Florida Legislature enacted the Florida Wrongful Death Act to help families recover losses incurred by the wrongful death of a loved one. According to the Act, a wrongful death occurs when there is evidence of negligence, recklessness, or deliberate behavior results in loss of life.
Wrongful death is established when it is proven that an individual had responsibility to care for the deceased, and that by some act or omission this standard of care was breached, resulting in death. It must be proven that their wrongful actions were the direct cause of the death. If this is proven, then the relatives and loved ones of the deceased are often entitled to compensation.
According to the Florida Wrongful Death Act, any survivor of the deceased may seek compensation for lost support or services following the death of their loved one. Most commonly, these survivors include, but are not limited to a spouse, child, or parent. While all relatives are entitled to compensation, the relationship with the deceased entitles loved ones to certain benefits:
Spouse: A spouse may seek compensation for the loss of companionship and protection, as well as for mental pain and suffering starting from the date of injury.
Children: Minor children are entitled to compensation for the loss of parental companionship, instruction and guidance, as well as any mental pain and suffering that occurred from the date of injury.
Parent: The parent of a deceased minor child may seek damages for mental pain and suffering from the injury date of the decedent.
There are certain types of compensation that you can seek after the loss of a loved one. The Wrongful Death Act specifically defines three different types of damages that can happen when a wrongful death occurs, which include:
Support – Contributions by the decedent in-kind, as well as monetary.
Services – Tasks, usually of a household nature, that were regularly performed by the decedent that will require necessary expense to the survivors of the decedent.
Net Accumulations – The part of the decedent’s expected net business or salary income, including pension benefits that the decedent probably would have retained as savings and part of his or her estate if the decedent would have lived his or her normal life expectancy.
Wrongful death damages can be awarded to cover pain and suffering, loss of companionship, or funeral expenses. In addition, the court may also afford punitive damages to the loved ones. Punitive damages are awarded on top of compensatory damages in situations where the individual at fault for the decedent’s actions is deemed intentional, reckless, or grossly negligent. Punitive damages are meant as a punishment for the guilty party and to deter others from similar reckless actions.
Seeking compensation for the death of a loved one should never add to your stress. If your family member or loved one was killed due to the fault of another, it’s important that you retain an experienced Wrongful Death attorney as early as possible, allowing for prompt investigation and thorough preparation of your claim. At KLG, our team will fight to make sure you and your family recover full and fair compensation for the death of your loved one. Contact us today by completing our Free Consultation form and a KLG representative will contact you as soon as possible.
“I never “second guessed” myself on choosing Mr. Khonsari as my attorney. I don’t wish what I went through on anyone, but if someone I cared about needed a defense attorney, I would undoubtedly insist they meet with Mr. Khonsari to discuss their case. I am forever grateful to Mr. Khonsari for his efforts in my case and for his knowledge, compassion, and understanding during what was the most stressful situation I have ever known. I am thankful every day for having the charges against me dismissed.”