If an injury is suffered that results in death, then that person’s estate may have a claim known as “wrongful death.” A wrongful death claim is a claim wherein the injured party, not simply suffers a physical disability, but actually dies as a result of the conduct of another party.
A wrongful death claim may be based upon negligence, a breach of warranty, or based upon an intentional tort, such as assault and battery. Wrongful death claim are a fairly recent phenomenon in that the common law did not recognize wrongful death claims based upon the idea that once a person dies there is no amount of money that can compensate for that. As such, when a claimant died, his claim “died” with him.
Over the years, however, the state legislatures have come to recognize that even though death may bring an end to the suffering and damages of the decedent, there may be survivors who have suffered and may continue to suffer damages into the future as a result of that person’s passing. Every state has its own wrongful death statute.
In Florida, the damages that can be recovered include solace and grief experienced by the survivors, loss of earnings suffered by the dependents left behind as well as the decedents subsequent inability to generate future income, medical expenses incurred by the decedent prior to his passing, if any, and funeral expenses.
If you or someone you know has experienced a loss due to wrongful death, they need an experienced attorney to protect their rights. Attorney Diana Castrillon is experienced in wrongful death cases and is here to help you during this time of incredible loss. Call today for a free consultation, (800) 75-FL-LAW.