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A wrongful death action is a statutory right to sue a person or business responsible
for causing a death. This statutory right is given to the surviving family members
of a deceased. In order to bring a wrongful death action, a death must have been
caused by the wrongful, negligent, careless, or reckless act of a person, company
or municipality. The Florida Wrongful Death Statute was adopted so that the family
members of a deceased can bring the legal action that the deceased would have
brought, had death not occurred. Frequently Asked Questions Regarding
Wrongful Death ClaimsWhat are the damages that can be recovered in
a claim for Wrongful Death?
Under Florida law, a family suing for Wrongful
Death may recover the following damages:
- Each survivor may recover
the value of lost support and services from the date of the decedent's injury
to her or his death, with interest, and future loss of support and services from
the date of death and reduced to present value. In evaluating loss of support
and services, the survivor's relationship to the decedent, the amount of the decedent's
probable net income available for distribution to the particular survivor, and
the replacement value of the decedent's services to the survivor may be considered.
- The surviving spouse may also recover for loss of the decedent's companionship
and protection and for mental pain and suffering from the date of injury.
- Minor
children of the decedent, and all children of the decedent if there is no surviving
spouse, may also recover for lost parental companionship, instruction, and guidance
and for mental pain and suffering from the date of injury.
- Each parent of
a deceased minor child may also recover for mental pain and suffering from the
date of injury. Each parent of an adult child may also recover for mental pain
and suffering if there are no other survivors.
- Medical or funeral expenses
due to the decedent's injury or death may be recovered by a survivor who has paid
them.
Who has the right and the responsibility to make the
claims for a Wrongful Death?
In order to be certain that there is proper
compensation for each survivor or beneficiary it is common for the governing statutes
to provide that a particular category of person has this right and responsibility.
In Florida, the statutes require that the Personal Representative of the Estate
of the deceased bring any claim and assure that the interests of each survivor
are protected. The Personal Representative is frequently a spouse, parent or child
of the deceased.
In situations where no Estate is needed for probate purposes
it is still necessary to open an Estate to accomplish the appointment of a Personal
Representative. Who should start the investigation of a potential Wrongful
Death claim?
Any person who believes he or she may be a survivor or beneficiary
entitled to compensation because of a wrongful death would have the right to consider
starting the investigation of a potential claim. Sometimes the most logical person
to investigate or start a claim, such as a widow, is not willing or able to look
into the matter. In such a situation, any survivor or beneficiary should contact
an attorney experienced in handling serious injury or wrongful death claims. The
attorney can ascertain whether the claim would have merit and what categories
of compensation would be permitted under the law. He or she would also be able
to determine who should be appointed as Personal Representative of the Estate
of the deceased if the Estate has not been previously opened.
Are there any unique issues that arise concerning a claim for
Wrongful Death?
Yes,
there are many unique issues to confront in a claim for a Wrongful Death.
- First, it is obviously necessary to prove that the death was
caused by the misconduct of another person or company. This can
be complicated at times when other potential causes are present.
An example would be the seriously ill person who is given improper
medication in the hospital. In that circumstance, the defense
often argues that the death was really just the natural progression
of the underlying disease or condition.
- Second, it is always necessary to prove the life expectancy
of the deceased in order to determine what the future losses would be. This is
not a major problem when the deceased was in perfect health at the time of the
misconduct. But, it becomes complicated when the deceased had a life-threatening
or life-shortening disease or condition.
- Third, it is likewise necessary
to prove the life expectancy of each survivor or beneficiary. After all, the future
relationship would only have existed during the period of the predicted joint
life expectancy of the deceased and the survivor.
- Fourth, the nature
of the relationship between the deceased and the survivor, in all of its relevant
aspects, must be fully developed and presented. Sometimes the relationship is
almost storybook perfect and sometimes it is quite different. In either event,
it needs to be understood and documented in order to support the individual claim
of the survivor.
- Fifth, much of the true loss in a wrongful death claim
is non-economic or emotional in nature. This requires special skills and care
in the development of the proof and in its presentation. It is a matter quite
different from just permitting an injured person to describe his or her back pain.
- Sixth, it is mandatory that each of the survivor's claims be
developed and presented fairly without favoring or appearing to
favor one survivor over another. This is especially true in those
situations where, for example, the widow is the Personal Representative
of the Estate of the deceased with the responsibility to present
a claim on her own behalf and another claim on behalf of a stepchild.
There are many other situations that require a special effort
be made to assure a fair process at every step of the claim for
each survivor.
These are some of the unique issues that an experienced attorney
will understand and confront in making a claim for a wrongful death.
These examples demonstrate why the emphasis should be on selecting
a well-qualified attorney with significant experience in wrongful
death claims, negotiation, and litigation.
How much will this
cost me? How can I afford an attorney?
Hancock & Hancock, P.A. handles
all wrongful death cases on what is called a "contingency fee" basis.
This means that no fees or costs are charged unless we collect money damages for
you. All of the consultations with our office are absolutely free. When you receive
compensation, meaning we have successfully concluded your wrongful death case,
either by settlement or litigation, our fees are a percentage of the gross settlement.
This percentage is agreed upon before we begin work, is in writing signed by you
and is 33 1/3% prior to filing suit and 40% after the lawsuit is filed, up through
trial.
The attorney's fee is separate from the "costs" that the
firm advances on behalf of the client. "Costs" include expenses for
obtaining copies of medical records from hospital and doctors, investigations
fees, expert witness testimony, fees for economists, filing fees at the courthouse,
costs of taking deposition, etc. We advance all costs related to your case. Upon
obtaining a recovery for a client, we are reimbursed the litigation costs advanced
by us.
FREE CONSULTATION
You if are a surviving family member and believe that your loved
one has died due to the negligence of another, contact our law firm
for an "instant" FREE and CONFIDENTIAL evaluation
of your wrongful death case by completing our online
consultation form or contact
us to discuss any questions you may have. Attorneys Michael
Hancock or Claire Hancock will personally provide detailed and comprehensive
answers to your important questions by reviewing your completed
questionnaire, evaluating your claim and responding to you, either
by e-mail or telephone, within 24 hours. Our phones are answered
24 hours a day, 7 days a week. We will answer your questions, without
charge, and there is no obligation to use our services.
In addition to wrongful death cases, Hancock & Hancock handles the
following types of cases in Florida: |
