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Personal Injury | Wrongful Death

Under Florida Law, when the death of a person is caused by the wrongful act, or negligence of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person that would have been liable for damages had death not ensued shall be liable for damages as specified in the Florida Wrongful Death Act.

The action for wrongful death must be brought by the decedent's personal representative, or as many people know it, the executor of the estate. The personal representative or executor brings the claim on behalf of all the decedent's survivors who are legally entitled to recover damages. Further, the estate itself has claims for medical and funeral expenses and lost net accumulations of the person who died. The survivors who can recover are defined in the Act and may include the decedent's spouse, children, parents, and any other blood relatives who are dependent upon the person who died for their support. The damages that may be recovered are specified in the act.

There are certain exceptions to the act involving cases of medical malpractice. We would be pleased to discuss any wrongful death claim you might have and advise you as to the applicability of the various provisions of the Florida Wrongful Death Act.