Wrongful Death
When an individual dies as the result of an accident, defective product, medical malpractice, or a malicious act, certain survivors may file a wrongful death suit against the responsible party. Close relatives of a deceased victim can sue the party at fault for the loss of the financial support of the deceased. The objective of a wrongful death claim is to recover compensation for the deceased’s medical bills, funeral and burial expenses, lost wages, pain and suffering and loss of their companionship. Gordon & Doner, P.A. represents those who have lost loved ones, and fights to hold those who caused harm accountable for their actions.
The Florida Legislature has passed a statute that specifically provides rights to the families of those who die as a result of the negligence or intentional acts of others. In legal terms, wrongful death refers to a fatality that occurs because of the negligence or misdeeds of another person, corporation or entity. Wrongful death is part of the “personal injury” tort family. Personal injury torts hold a person or entity (defendant) accountable for causing damages to another person (plaintiff). Wrongful death cases arise from a variety of circumstances including vehicle crashes, medical malpractice, dangerous or defective products, workplace and job-related mishaps, and construction site accidents. Whatever the cause of a wrongful death, the impact on the survivors is devastating. There is a void that is felt by everyone who must continue on without the companionship and support of their loved one.
A wrongful death claim against the negligent party is generally initiated by or on behalf of the spouse, children or family of the decedent; however in some unique situations, someone other than the deceased's immediate family may be entitled to recover damages if they relied upon the deceased for support. Negligence must be proven in wrongful death cases and Gordon & Doner is skilled at helping clients prove that the four critical components of negligence exist in their claim:
- the defendant had a duty to the deceased,
- the defendant failed in that duty (breach of duty),
- that the fatality was caused by the defendant’s breach of duty, and
- that the survivors are entitled to damages as a result of the loss of their loved one.
These claims are often filed in order to obtain monetary damages. The total financial compensation for a "wrongful death" judgment is comprised of three types of damages. The primary one is to cover the income the decedent would have provided. Other damages may also be recovered for the loss of the decedent related to: expenses associated with the death (e.g., medical, funeral, and burial); lost benefits from the death, (e.g., insurance, retirement, etc.); pain, suffering, or mental anguish suffered by the survivor(s) of the decedent; survivor’s loss of emotional support, companionship, care, protection and/or guidance that would have been received from the decedent. In certain circumstances punitive damages may also be awarded dependent on the facts of the case.
Punitive damages are only awarded when intended to punish a wrongdoer(s) and prevent them from harming others again.
Gordon & Doner attorneys have represented many families who have suffered the devastating loss caused by a wrongful death. If you have lost a loved one due to another’s misconduct or carelessness, contact us today. We offer a free initial consultation during which one of our lawyers will evaluate your claim and answer your questions.
At Gordon & Doner, we believe our system of justice works best when skilled attorneys that have the resources to fully prepare and try a case represent both sides. Please complete our online contact form or call us toll free at 1-888-ForTheInjured (1-888-367-8434).
For more information, please see the following related pages on our
website:
Wrongful Death Glossary
