Wrongful Death Cases – Which survivors can claim damages under Florida law?

Wrongful Death Cases – Which survivors can claim damages under Florida law?

Attorney André Crenshaw has been handling wrongful death and personal injury cases throughout Florida for nearly 20 years.

Several times a month, I receive a call from the relative of a person killed because of the wrongful actions or inactions of another person or business. The relative is inquiring about whether there is a case and whether they have any claims for money damages. Unfortunately, often times that person is not classified as a survivor under Florida law and, therefore, cannot recover compensation.

In Florida, wrongful death claims are governed by a statute called the Florida Wrongful Death Act. In most cases, the following survivors can claim damages under the statute:

  1. spouse;
  2. children under the age of 25;
  3. parent of a child under the age of 25; and
  4. the decedent’s Estate.

Other blood relatives as well as adoptive brothers and sisters may recover damages to make up for the financial support they received from the decedent. Additionally, they may recover for the value of the household services that had been regularly performed by the decedent and that will become a necessary expense for that person. However, from a practical standpoint, these types of damages are usually not enough standing alone to support a wrongful death lawsuit without the inclusion of claims by a spouse, child under the age of 25, or parent of a child under the age of 25.

If you are the spouse, parent, or child of someone who has been killed because of the fault or wrongdoing of another person or business, call or contact the Crenshaw Law Firm today to discuss your case and how we may be able to assist you.

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