Damage Recovery for Wrongful Death
If you were the survivor of a deceased individual, and the cause of his/her death was another entity, you may claim for damage recovery. Florida Statutes Sections 768.16-768.26 provides the legal directives regarding wrongful death claims in the state. To understand the way these apply to your case, get in touch with a wrongful death attorney.
For any such incident in Boca Raton, the survivors may claim damage recovery. Who are the survivors? As per Florida law (Section 768.18), the spouse, children and parents of the decedent are within this category. Any other blood relatives or adoptive siblings, partially or wholly dependent on the decedent are also is the list of survivors.
Many have no clue about what damages are within the scope of recovery in the wrongful death cases. Section 768.21 outlines the details in this matter.
Subsection 1: Each survivor may recover compensation for the loss of support and services (from the date of injury to the date of death), along with interest. He/she may also recover for future loss of support and services.
Note: Support, here, means financial as well as other contributions. Services, here, signify the tasks the decedent was responsible for during his/her life.
Subsection 2: The surviving spouse may recover on grounds of loss of companionship and protection. Mental pain and suffering may also be acceptable grounds for recovery.
Subsection 3: The minor children may recover for the loss of parental companionship, instruction and guidance. If there is no surviving spouse, all children may claim the recovery of these damages.
Subsection 4: In case of the death of a minor child, each parent may recover for mental pain and suffering. This is also possible if the child is an adult only when there are no other survivors.
Subsection 5: The survivor who paid for the medical or funeral expenses may recover these as part of the claim.
Note: There is a separate sub-section specifying the damage recovery possible for the personal representative of the decedent’s estate.
Just knowing what you may be able to recover is not enough. You would need a qualified and experienced Boca Raton wrongful death attorney to file a claim and get an adequate compensation.
No amount could possibly compensate for the loss of a loved one. The objective of the law is to ensure that the death (for which another was responsible) do not hamper the financial security of his/her dependents. Getting help from a wrongful death attorney is necessary to ensure this.