If you have a spouse, child, parent or other relative who has passed away due to the fault of another, please accept my sincere condolences. Death is an unfortunate part of life. However, a premature death due to the carelessness or actions of another causes unnecessary grief to those close to the person who died. Losing a loved one due to the fault of another is a terrible tragedy, with extreme far reaching consequences, both emotionally and financially.
In Florida, there are laws which set forth the types of damages a person’s “Estate” and “Survivors” are entitled, when the negligence or actions of another cause a person’s death. An “Estate” is a legal entity which assists in organizing a person’s legal affairs and allows a personal representative to collect a deceased person’s “assets,” so as to assist in paying or settling a deceased person’s liabilities or other debts.
“Survivors”, include the deceased person’s:
- husband or wife;
- adoptive brothers and sisters; and
- other relatives related by blood, when those individuals are partly or wholly dependent on the deceased person for financial support or services.
The damages a deceased person’s estate are entitled to recover in Florida include:
- net accumulations, which is the money the deceased person would have earned if the deceased person would have lived a normal life expectancy;
- medical expenses, incurred as a result of the incident which caused the premature death of your loved one;
- funeral expenses, associated with the proper burial of your loved one.
The damages “Survivors” are entitled to recover in Florida are listed by the Florida Legislature. They include:
- the lost support and services provided by the deceased person to any “Survivors;”
- the surviving spouse’s loss of companionship and protection, as well as the unfortunate mental pain and suffering experienced from losing a loved one due to the fault of another;
- for minor children of the deceased person, the lost parental companionship, instruction and guidance, as well as mental pain and suffering;
- for all children, if there is no surviving spouse of the deceased person, the lost parental companionship, instruction and guidance, as well as mental pain and suffering;
- for parents, who are the survivors of a deceased minor child, they can recover for mental pain and suffering;
- for parents, who are the survivors of an adult child, if that adult child does not have a spouse or children, they can recover for mental pain and suffering.
If a loved one, unfortunately, passes away due to the negligence or actions of another, you will likely have many questions.
- Who is going to pay for any medical bills?
- Should I talk to an insurance company?
- Should I provide a recorded statement or other information?
- Should I complete numerous forms?
- Should I accept a settlement offer, if one is made?
What a Wrongful Death Attorney Will Do for You
The best decision you can make before doing anything is to speak with a Miami wrongful death attorney and ask all of these questions. This will ensure that your rights are properly protected.
If you have unfortunately lost a loved one due the negligence or actions of another, you may not be quite sure what to do. By calling or contacting me, I will:
- Personally help you through this ordeal.
- Provide appropriate legal advice to you.
- If you require psychological or psychiatric attention and you do not know the name of a reputable specialist, I will personally provide you with a list of specialists who are experts in assisting individuals who have suffered a tragic loss of a loved one.
As a former trial attorney for major insurance companies, I will only recommend respected specialists who are concerned about your well-being and who are respected in both the medical and legal community.
If a loved one has unfortunately passed away due to the negligence or actions of another and you need an experienced lawyer, please contact me, Steven Ainbinder, for a free, confidential consultation. I personally believe that our system of justice works best when both sides have a skilled wrongful death attorney representing their clients.
Entrust me to be your wrongful death attorney and we will bring the quilty ones to justice!