A Florida family is currently challenging Florida’s Wrongful Death Act (WDA) in court. The family is trying to expand the WDA, so they can pursue justice for the loss of a family member. If the family wins the case, which family members can bring wrongful death suits will expand. The State Senate has introduced bills over the years to expand the WDA. Unfortunately, they have always failed. This case highlights the importance of wrongful death cases. Oftentimes, like in the case of this family, wrongful death suits are the only justice they will ever see for their loved ones.
Why Wrongful Death Claims Help Get Closure
The truth is no amount of money will ever make up for losing your loved one. However, when you lose someone, the expenses can be very high. Your family can be overwhelmed with their medical debt and funeral costs. Further, if they contributed to the household income, their death can create uncertainty around your financial future. Most importantly though, when someone loses their life in an unjust situation, there may not be criminal recourse. This can leave a family feeling like there is no justice and that their loss does not matter.
However, nothing could be further from the truth. When you lose a loved one because of the negligence of another, you deserve that justice. That is why Florida created the WDA. It is a way for those who lost someone to seek justice and get the closure they need. Wrongful death cases can also provide financial support to protect your family against the costly impacts of the loss. This can help families heal and get the closure they need to move forward.
What Is A Wrongful Death Claim?
A wrongful death claim happens after a loved one dies as the result of misconduct or negligence of another party. This party can be individuals or organizations like companies. This lawsuit is filed by certain surviving family members. It is designed to seek both justice and compensation for their loss. Compensation can include things such as:
● Medical bills
● Funeral expenses
● Lost wages, benefits, and future earnings
● Loss of companionship
● Emotional damage
● Loss of inheritance
● Loss of value contributed to the household like cleaning or home maintenance
● Loss of guidance
● Loss of consortium
These damages are designed to help compensate the family for the financial losses as a result of losing their loved one. If the other party is found negligent by the courts, the family will be awarded these damages.
Who Can Currently File Wrongful Death Claims In Florida?
The family is challenging who can file wrongful death claims. Currently, only certain family members can file claims including:
● Spouses
● Minor children
● Parents of minor children
● Dependent family members
● Children of unmarried mothers
● Children of unmarried fathers if the father has formally recognized the child as theirs
If the family wins their case, those who can file a wrongful death claim could include adult children.
How To File A Wrongful Death Case
To file a wrongful death claim, you need to speak with a wrongful death attorney. They will review your circumstances and make a plan to seek justice. First, they will identify the responsible parties. There may be more than one. Secondly, they will work with you to calculate the financial value of the losses. Next, they will file all the necessary documents with the court. Finally, they will fight for your right to seek justice after your loss.
Wrongful death cases are very serious and may be the only way to get justice for your loved one. It is imperative that you work with a knowledgeable Florida wrongful death attorney like the team at Justice Pays. We’ve recovered over $500 million for victims. We can help you. Contact us today for a free case review and to learn all of your family’s legal options.
