THE WRONGFUL DEATH OF A LOVED ONE
One of the most tragic cases we handle is the wrongful death of a loved one due to the vehicular negligence of another. Florida law recognizes a claim in these cases for the survivors of the deceased loved one. Individual survivors may include; the surviving spouse, minor children, adult children, parents, blood relatives, and in some circumstances adopted brothers and sisters.
The primary damages sought in these matters are compensatory and may include medical expenses incurred as a result of the collision, but prior to the death of a loved one, funeral and burial expenses, loss of services provided by the deceased such as transportation, child care, household chores, lawn work, etc., loss of companionship, instruction and guidance, income the victim would have earned if they had survived, and mental pain and suffering of the survivor of the deceased.
Punitive damages may be sought in those cases where the offending driver’s actions are so reckless or egregious that the court deems them warranted to punish the at‑fault driver.
Loss of services is fairly easy to ascertain as it can typically be determined by the present-day cost of the services the deceased provided to the survivor prior to their passing. Loss of companionship, instruction, and guidance is far more difficult to define economically as it relies upon evidence concerning the emotions of the survivor and how the loss of their loved one has affected their life going forward.
Loss of net accumulations of the estate is only available to a surviving spouse, or lineal descendants or the estate of a deceased adult child if survived by a parent and no lost support or services are recoverable.
These cases are very complicated and require a different approach than other automobile negligence cases, therefore hiring a firm that has the knowledge of how these cases should be investigated and prepared as well as presented is imperative.
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