Understanding Damages in a Florida Wrongful Death LawsuitApril 30, 2021 | Category: Wrongful Death | Share
"Florida’s Wrongful Death Act provides specific consideration for families who have suffered the loss of a loved one due to the negligence of another. Surviving family members are entitled to make a legal claim for monetary damages in Florida wrongful death cases for mental pain and suffering, loss of earnings, loss of support and services, and loss of contributions to the household,” said Fort Myers Wrongful Death Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.
Specifically, Florida Statute 768.19 states:
“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”
Spivey Law Firm, Personal Injury Attorneys, P.A. represents surviving family members whose loved ones lost their lives because of:
- Car accidents
- ATV accidents
- Truck Accidents
- Pedestrian Accidents
- Boating accidents
- Motorcycle accidents
- Slip and fall accidents
- Nursing home neglect
- Defective products
Family members may recover damages in Florida wrongful death cases if they are the deceased person’s spouse, children, and parents, and any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services, along with a child born out of wedlock if the deceased was the father who was responsible for support.
It's critical to file promptly. Florida has a statute of limitations that covers wrongful death lawsuits. Lawsuits must be filed within two years of the date of death, in most cases, according to Florida Statute 95.11(4)(d).
“When a family member is injured or tragically dies in an accident because of the negligence of another, it is a very emotional and devastating time. Our Fort Myers wrongful death legal team fights for family members to receive the compensation to which they are entitled. We take your case personally. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. There are no costs or attorney fees until we receive a monetary recovery for you, and we are available 24/7,” said Fort Myers Wrongful Death Attorney Randall Spivey.
Fort Myers Wrongful Death Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.