What Are Your Rights to Recover Damages for a Wrongful Death?
When someone else’s negligence causes the wrongful death of a loved one, the loss can take its toll on family members. They often suffer considerable financial hardship when a key family provider dies. Jacksonville wrongful death attorneys can help families recover compensation for losses through a wrongful death claim against the responsible party.
Under the Florida Wrongful Death Act, survivors can bring a wrongful death action through the estate’s personal representative. The statute defines survivors as those who had the following relationships with the decedent:
- Spouse
- Children
- Parents
- Blood relatives or adoptive brothers and sisters partly or wholly dependent on the decedent
- Children born out of wedlock of a mother who died
- Children born out of wedlock of a father who died when the father was legally recognized as responsible for child support
When the court evaluates each survivor’s loss of services and support, it takes into consideration the decedent’s probable net income. In other words, had the individual survived and lived a normal life, the court determines what the value of the person’s income, pension benefits, and investment income would have been. Out of that amount, the court then decides the value of support and services based on the following:
- Value of lost support and services from the date of the decedent’s injury to death
- Future loss of support and services from date of death (at present monetary values)
- Replacement value of decedent’s services to each individual survivor
While the process may seem complicated, wrongful death attorneys in Jacksonville can explain the legal aspects of wrongful death actions and protect your rights to recovery.
When you are entitled by law to recover damages for the loss of your loved ones, the Gillette Law Firm treats you with compassion while working effectively to recover compensation.
