An accident or intentional conduct that results in the death of a family member or friend can be the basis for a wrongful death action. At times suing for your mother or father's death may seem odd. No lawsuit can bring a loved one back. The rationale for legal action is that there is no other recourse available in situations like this and further that the remaining family members may have been deprived of income as a result of the wrongful death. The initial meeting between the attorney and family will consist of covering the basics of a lawsuit. The family should bring as much information as they have access to at the time. If the family has a problem reaching the law firm, arrangements can be made to come to you. (This is especially true if the family is outside of South Florida.) We will go over each and every question regarding to the case and the possible outcomes. There is no guarantee of winning, and there is no guarantee of a specific monetary recovery. Recoveries vary widely depending on liability issues and such factors as insurance limits.

What to expect? Time: there is usually some drawn out litigation involved when someone has died. If liability is clear from the facts of the case, the time period may be shortened dramatically. In general the case can last from one (1) month to three (3) years. Again, time periods are generalized.

Cost: the costs of litigating the case will be paid by the law firm. These costs can be extensive and repayment will come from settlement or verdict rendered in the case. Examples of costs be expenditures for accident reconstruction, economic and vocational training experts, deposition costs, and courtroom exhibits. The costs and the retainer agreement fees will be deducted from the settlement or verdict.

SPECIFICS IN REGARD TO FLORIDA:

Florida is very unique in that there is a statute designed exclusively for wrongful death actions. Florida Wrongful Death Act Florida Statute Section 768.19. The act is detailed and covers a variety of issues. We will carefully explain the part of the statute relevant to your case.

Florida law requires that a wrongful death action be started and pursued by the personal representative of the estate. The personal representative brings the action on behalf of the estate and each individual survivor who may have a claim against the defendant.

The lawsuit for wrongful death is brought on behalf of the decedent's estate and the decedent's survivors. The estate is just what it is titled; however survivors cover several relationships (spouses, children, adopted children, stepchildren, posthumous children, parents, illegitimate children, dependent blood relatives). The personal representative represents everyone in the lawsuit. Anyone that could bring a wrongful death action is represented by the personal representative.

The damages aspect of the lawsuit is based on several theories. One is the mental pain of the surviving spouse, parents and/or children under 25 years of age. Companionship, Instruction and Guidance which also relate to the spouse and children under 25. Economic factors are lost support and services as well as medical and funeral expenses for the estate. There is also the possibility of punitive damages whenever wrongful death is the cause of action. Punitive damages are designed to punish the wrongdoer and are not applicable to all cases.

Call us at 1-800-559-4320 or contact us online for a FREE consultation to discuss your legal options.