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A Guide To Wrongful Death Claims


When your loved one dies in an accident, the loss can be devastating. Between the emotional trauma and adjustment to loss, it can be a very difficult time for any family. Though, no amount of money will ever makeup for losing someone you love, a family death can be financially devastating. If you’ve lost a loved one through the legal fault of someone else, you may have a wrongful death claim. A wrongful death claim can get you the compensation you need to avoid the financial consequences of losing your family member.

What Is Wrongful Death?

Wrongful death is when the negligent actions, whether deliberate or accidental, caused the death of another person. Wrongful death claims are made against the negligent party to compensate for the loss of the individual. Wrongful death claims are usually filed after car accidents, product liability issues, and people who caused intentional harm. In the state of Florida, wrongful death claims are covered by the wrongful death statute found here.

Who Can Sue For Wrongful Death?

Wrongful death suits are brought forth on behalf of the deceased. Since the deceased is unable to represent themselves, they are usually filed by an interested party. Interested parties include immediate family members including spouses, children, siblings, and parents, and financial dependents.

Who Can Be Sued For Wrongful Death?

There are no limits on who can be sued for wrongful death except in the case of certain government agencies. Wrongful death cases can be brought against companies, government agencies, and individuals.

Proving Wrongful Death

Proving wrongful death requires the same type of proof in any accident injury. You need to prove that the defendant was negligent and did not offer reasonable care, that their negligence caused the accident, and that the accident resulted in the death. Proving negligence can be difficult especially in the case of wrongful death, so it is best that you work directly with a qualified attorney.

Types Of Damages Awarded In Wrongful Death Cases

In wrongful death there are two types of damages awarded. The first type is compensatory damages which are designed to compensate for any losses incurred from the death. Compensatory damages are considered economic and non-economic. Compensatory economic damages may include:

  • Medical expenses
  • Funeral expenses
  • Loss of earnings and benefits
  • Loss of future income and potential inheritances

While non-economic damages may be rewarded for:

  • Emotional distress and pain and suffering
  • Loss of companionship
  • Loss of consortium
  • Loss of care and protection

The second kind of damages are punitive damages. Punitive damages are awarded to the plaintiff to punish the defendant for their negligence. In most cases, punitive damages are awarded for severe circumstances like intentional negligence.

How An Attorney Can Help

When you lose a loved one the last thing you should have to do is worry about a legal case. However, it may be crucial to do so in order to secure the financial future of your loved ones. A qualified attorney, like our professionals at , Goldman, Babboni, and Walsh, can help. We will deal with all of the paperwork, fight to ensure your family is protected, and give you time to grieve with your family. We understand how devastating losing a loved one is and we will help make sure that you and your family are fairly compensated for your loss. So contact us today for a free consultation to see how we can help you.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

A Guide To Wrongful Death Claims

Goldman Babboni Fernandez
Murphy & Walsh




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