Wrongful Death Lawyer Serving Jupiter
Death is something that we are all familiar with. From the time that they are very young, children often have to face the death of a pet. Other children will need to quickly understand more tragic occurrences, such as the death of a parent or favorite relative. But no matter what the circumstances are, death is something that cannot be avoided. It is an inevitable fact of our existence. But there are times in which a death is something that need not have occurred in the first place. There are even times in which a death has come about due to the negligence of someone that we would normally place our complete trust in. for example, it could be a medical professional who has made an obvious error in judgment. In cases such as these, we may decide to turn to a wrongful death lawyer who serves Jupiter, when it comes to recovering our financial losses. While we can never bring back a lost loved one, adding financial woes to our grief is something that we can possibly avoid.
When a wrongful death lawsuit is filed, there must first be an estate and a person (with an interest in the case) who will represent the deceased. If someone hasn’t been named to represent the deceased to the court, then the court has the right to choose a representative. In many cases, this can be the victim’s spouse, parent or child.
However, before the court makes its decision, it will first receive a complete list of those who would normally have an interest in the lawsuit. These people would also include; siblings (both biological and adoptive), other blood relatives who may have depended upon the deceased for support and possibly children who were born to unmarried parents. In the case of unmarried parents, a child is eligible for a lawsuit award if the mother has died. If the father has died, then the child will usually only be eligible if the child had been formally recognized by the father and therefore the father was obligated to help support the child.What is the Statute of Limitations in Jupiter for a Wrongful Death Claim?
(See Video) What is the statute of limitations regarding filing a wrongful death claim?
In Jupiter (as well as the rest of the state), there is a statute of limitations that will affect the ability to file a wrongful death claim. Other than some extremely rare exceptions, that statute of limitations is 2 years from the time of the death. See: Florida Statutes section 95.11(4)(d). Any questions regarding exceptions can be cleared up by consulting a wrongful death attorney. But, in any case, it’s important to file a wrongful death lawsuit as soon as it can be done. This may avoid any difficulties with the court accepting the lawsuit due to time restrictions.How Does a Wrongful Death Claim Differ From a Personal Injury Claim?
There is a major difference between filing a personal injury claim and filing a wrongful death claim. Should a fatality come about as the result of someone’s negligence, a wrongful death claim may be made in order to compensate for expenses that may include; outstanding medical expenses, mortgage payments, loss of consortium and other expenses that may not be automatically covered by other forms of insurance.
But, a personal injury claim involves a situation that has led to an injury as a direct result of a negligent action. An example of this might be a person who has broken their arm as a result of a fall due to a building owner neglecting to repair a stairway in a reasonable amount of time. In this case, a personal injury claim could be filed. But, if someone has died as a result of a surgical tool that was accidently left inside them during surgery, then that situation would normally fall under the category of a “wrongful death”.Wrongful Death Statutes that Apply in Jupiter
The laws that pertain to Jupiter wrongful deaths are:
In a situation in which someone has died as a result of the wrongful contact of someone else, then a civil action (wrongful death lawsuit) may be filed against the accused party. Since this is a civil action, it is considered separate from any other (criminal) charges. As such, The Florida Wrongful Death Act (Florida Statute 768.19) was instituted as a judicial means for surviving family members to be compensated for the loss of a loved one.
The Florida Wrongful Death Act states:
Right of action.—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.
Damages.—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
(6) The decedent’s personal representative may recover for the decedent’s estate the following:
- Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
- If the decedent’s survivors include a surviving spouse or lineal descendants; or
- If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
- Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
- Evidence of remarriage of the decedent’s spouse is admissible.
(7) All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).Damages that can be pursued in a Jupiter Wrongful Death Claim
- Medical Bills
- Funeral and Burial Expenses
- Lost Earnings, Loss of Support and Services
- Loss of Net Accumulations (future income)
- Pain and Suffering
- Loss of Companionship, protection, guidance, and instruction
There are many factors used to calculate damages in a Wrongful Death Claim. These can include evaluating loss of support and services, the relationship of the survivor to the victim, the amount of the victim’s probable net income available for distribution to the survivor, and the replacement value of the victim’s services to the survivor. This can also include household chores that the survivor will now have to pay to have done.
In computing future losses, the joint life expectancies of the survivor and the victim will be taken into consideration. In the case of any healthy minor children, the period of minority will also be considered.
The surviving spouse may also receive damages for loss of companionship and protection, as well as compensation for mental pain and suffering from the date of injury.
It’s also important to note that the medical or funeral expenses attributed to the injury or death may also be recovered.Why you may want to consult an experienced wrongful death attorney
One of the things that you may want to keep in mind is the fact that the death of a loved one will usually bring with it a number of intense emotions. These emotions can have the effect of making the filing of a wrongful death claim a very confusing process. This can especially be true in cases in which another party (trucking company, hospital, etc.) will have their own attorney representing their own interests. If you are looking for advice on how to proceed with your claim, consult with an experienced wrongful death attorney. Since the first appointment with the lawyer is free, you really have nothing to lose and possibly everything to gain!
In addition, should you decide to go forward with a wrongful death claim, here are a couple of very helpful suggestions that are very important for you to consider.
Never accept any money or cash any checks that are offered by the other lawyer or their insurance company without first speaking to a wrongful death attorney.
Never discuss your case with anyone else except your own lawyer – this is especially true when it comes to posting on social media!
Our experienced wrongful death lawyers are available to handle your wrongful death lawsuit.. They will stay in close contact with you and will provide the personalized care that is needed in this time of loss.Speak to an Experienced Personal Injury Lawyer to Protect Your Rights
A loved one’s fatality can result from a vast number of different sources. These can include; motor vehicle accidents, medical malpractice, fatal slip and fall accidents, defective products and other, unexpected situations. These may in Jupiter at any given moment in time. In addition, it’s important to understand that while high speed auto crashes, and other catastrophic accidents are often a factor, there are also many times when this isn’t the situation. There have been a number of cases in which a relatively subtle medical practice error, stemming from negligence, has also resulted in an injury that eventually led to a person’s death. Therefore, if a loved one has passed due to someone’s negligence, it is advised that you seek the advice of a wrongful death attorney.
Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.