Survivors’ Grief Gets Compounded Or Relieved

Survivors' Grief Gets Compounded Or RelievedWhenever a loved one or family member passes, it is a tragic situation. However, if the circumstances of the death are questionable or sudden, it can bring up further issues that simply compound the grief that these victims feel. In many cases, there is a large amount of anger that is directed at finding a responsible party, and while this is also a stage of grieving, it may also be both justified and founded in the events surrounding the death.

Are You A Wrongful Death Survivor?

One of the biggest issues that loved ones can face is simply not knowing whether there is any recourse and how to go about it. There are actually two categories that survivors should know about regarding wrongful death damages in the state of Florida.

  • • Damages that the deceased's survivors can claim

  • • Damages that the deceased's estate can claim

While the first category is fairly self explanatory, the second one does deserve some explanation. The estate refers to any legacy, either structural or financial, that is being left to beneficiaries of the will. An example of estate damages would include manifest concern, such as a wrecked Bentley that was to be willed to a loved one, but can also cover some points as lost future revenue and wages. Although the estate can make some damage claims, it does not qualify for as many as the survivors may claim.

However, it is also important to be aware of what constitutes a survivor in a wrongful death suit.

  • • The spouse of the victim

  • • Children of the victim, including adult children

  • • The parents of the victim, especially if the victim was a child

  • • Blood relatives, adoptive children or siblings of the victim, so long as these individuals had a dependence for emotional and financial support with the victim

This realization can open up a meaningful channel by which survivors can not only seek justice, but can also gain compensation as they begin to heal from the experience.

What Wrongful Death Can Cover

It is also important for survivors to know what they may be looking at in regards to compensation. Although survivor and estate compensation does vary, they can be claimed concurrently, but separate legal representation between cases may be necessary. However, survivors in general may claim:

  • • Lost support and services

  • • Loss of the victim's companionship, support, and protection

  • • Mental pain and suffering

  • • Loss of parental presence, instruction, guidance, and support

  • • The medical and funeral expenses that the survivor has paid

When it comes to making an estate claim for wrongful death damages, the categories are considerably less. However, it should also be noted that the nature of some of the damage claims can also be higher than those for survivors.

  • • Damages for loss of net accumulations

  • • Lost earnings from the victim

  • • Medical and funeral expenses for the victim

The determinations for the amount of damages can also vary, based on both jury and judge decisions, which can also make it difficult to put a financial tag on the presence of a loved one. However, many survivors do see a wrongful death claim more as a way of gaining closure and justice. This is another reason why a wrongful death attorney can facilitate in the process, by handling the details so that survivors can heal in the bigger picture.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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