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FAQs

Wrongful death claims are some of the most difficult cases to deal with. Families and loved ones have been torn apart by the loss of someone in their life. Relatives are left to grieve, pick up the pieces and try to go on with their lives. Before contacting a Florida wrongful death attorney, it is sometimes helpful to get some of your biggest questions answered immediately. In this section of the site you will find answers to some of the most common question that may be asked.

Find answers here to commonly asked wrongful death question and consult a Florida wrongful death attorney in your area for more in depth explanations.

• Who can file a wrongful death lawsuit?
• What must someone prove to win in court on a wrongful death lawsuit?
• What types of monetary damages may I be entitled to receive?
• What types of causes of death can lead to a wrongful death claim?

Who can file a wrongful death lawsuit?

The family of a deceased person can legally file a wrongful death lawsuit seeking financial damages including both compensatory and punitive damages for the loss of their loved one. Different states have different rules for who is eligible to file wrongful death lawsuits. Generally immediate family members such as a deceased’s parents, spouse, children, brothers and sisters are the most common plaintiffs.

What must someone prove to win in court on a wrongful death lawsuit?

In order to win in a wrongful death case, the heirs of the deceased party must prove that the death was caused by the negligence, malicious, or unlawful conduct of another party and establish the extent of their financial damages as a result of the loss.

What types of monetary damages may I be entitled to receive?

Most states allow wrongful death damages for compensatory and punitive damages.

Compensatory damages are monies awarded by a judge or jury that are intended to repay a victim’s family for the cost of medical care, funeral, burial and other expenses they have incurred as a direct result of the wrongful death. Generally, families of the deceased parties validate their compensatory damages in court with documented receipts for the services and costs that they paid for.

Punitive damages as the word sounds are damages that are mean to “punish” offending party or parties. When an individual or groups intentional, malicious, reckless or grossly negligent acts result in the death of another party, a jury or judge may impose punitive damages that are meant to punish the offending party and discourage similar acts in the future. Punitive damages are in addition to compensatory damages, which are intended to repay the victim’s family for medical bills, burial costs and other out-of-pocket expenses.

Talk to a Florida wrongful death attorney to find out which damages may apply to your situation.

What types of causes of death can lead to a wrongful death lawsuit?

Any death that is caused by the negligent or reckless, unlawful conduct of another party can support a claim for wrongful death. The most common causes of a wrongful death are automobile accidents, medical malpractice, product liability and workplace accidents. If there has been a death in your family and you think it may be a due to a wrongful death, you may want to contact a Florida wrongful death attorney to explain further the rights that you may be entitled to.