A wrongful death lawsuit is a lawsuit that claims a party is responsible for another person’s death due to negligence or misconduct. Survivors of a family member who has died in Florida is typically able to file a wrongful death lawsuit in those cases, and they can try to obtain compensation for the loss of their loved one. Some kinds of compensation that they may be able to receive include compensation for lost wages, funeral expenses and companionship. Other kinds of compensation may include pecuniary injury damages, which include money for the prospect of inheritance, medical expenses, funeral expenses and the loss of support.
Under state law, you can recover compensation if you are the surviving spouse, immediate family member or the parent of a person who has died. Typically, the lawsuit will be filed by the person responsible for the deceased’s estate. How much money they can request or can receive may be capped or limited by the state depending on the kind of lawsuit it is; that’s why it’s important to speak with someone with knowledge of the state laws before heading to court.
Wrongful death lawsuits can be proven in a few ways. To win a case, you will have to show that someone has died and that the death was caused by another person either accidentally or with the intent to cause your family member harm. You will also have to show that your family is now suffering monetary injuries due to the death and that you are the representative for the estate.
Source: FindLaw, “What is a Wrongful Death Lawsuit” Nov. 12, 2014