What is “Wrongful Death?”

A wrongful death is a death that results from a negligent, willful or wrongful act, or the neglect, omission or default of an individual, company or entity. A wrongful death can serve as the basis for a civil action for damages on behalf of the deceased’s family or heirs, often called “distributes.” The most common distributes are the surviving parents, spouses and children of the deceased.

Elements of a Florida Wrongful Death Case

• The following elements must be present in a wrongful death case:
• The death of a human being
• The death was caused, at least in part, by the conduct or negligence of the defendant
• There are surviving distributes
• Monetary damages can be proven to have resulted from the victim’s death

A wrongful death can be caused by a number of circumstances, including:

• Automobile or airplane accident
• Occupational exposure to hazardous conditions or substances
• Death during a supervised activity
• Medical malpractice
• Criminal behavior

Compensation in a Florida Wrongful Death Lawsuit
Financial injury is the main measure for damages in a Palm Beach wrongful death case.

Financial injuries may include:

• Medical, funeral and burial expenses
• Loss of the victim’s expected earnings between the time of the death and the expected retirement or death
• Loss of benefits such as medical coverage and retirement plans
• Loss of inheritance
• Damages for the survivors’ pain and suffering
• Loss of care, support, protection, parental guidance, and companionship

There are many aspects to determine financial injury, including the deceased’s age, gender, life expectancy, pay, potential earnings, inflation, and health. These calculations are very complicated, and the parties often use experts, such as economists, to give their opinion on the true amount of damages. These calculations do not only include income earned outside the home, but may also include a value for the care provided inside the home. For example, if the deceased is the homemaker of the family, the financial injury will not involve a loss of income, but will involve increased expenditures to continue the services he or she was providing. The family is entitled to recover the costs of services such as cooking, cleaning, laundry, education, child care, shopping, and transportation.

Contact Fetterman & Associates Today
The time limit for filing a Florida wrongful death lawsuit is two years. If someone you love has suffered a wrongful death, you may be entitled to compensation. Contact a Palm Beach wrongful death attorney at Fetterman & Associates to discuss your legal rights in a Florida wrongful death case.