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Wrongful Death Damages

July 31, 2020 | Category: Wrongful Death | Share

There are many types of accidents that can lead to fatal injuries and wrongful death lawsuits, including:

 

Wrongful Death Damages - Spivey LawFlorida’s Wrongful Death Act (Florida Statute 768.21) provides specific considerations for families who have suffered the loss of a loved one due to another’s negligence, including the ability for surviving family members to make a legal claim for monetary damages for mental pain and suffering, loss of earnings, loss of support and services, and loss of contributions to the household.

Florida’s Statute 768.21 states, “All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:

(1) 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. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

(2) 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.

(3) 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. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

(4) 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.

(5) Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.”


“If your loved one has died because of the negligence of another, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. We are available 24/7, and there are no costs or attorney fees until we get a monetary recovery for you,” said Fort Myers Car Accident Attorney Randall Spivey.

 

 

Fort Myers Car Accident Lawyer 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 percent (1%) 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 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 at 239.793.7748.

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