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Survivors’ Grief Gets Compounded Or Relieved


Whenever 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.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Survivors’ Grief Gets Compounded Or Relieved

Goldman Babboni Fernandez
Murphy & Walsh




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