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What Can I Seek Compensation for After Wrongful Death?

Accidents are an aspect of life that we all learn to live with. However, many accidents go beyond simply injuring those involve and end up becoming fatal. This happens much more often than people realize and leaves families and communities reeling from the pain and suffering caused by the loss of a loved one. When someone loses a close loved one because of an accident they will often have the financial ramifications of such a loss far from their mind. Nobody should have to worry about such things and should instead be free to focus on grieving and coping with their loss in a healthy way.

Wrongful Death Claims

The damages that come with the loss of a loved one can cause some serious problems in the lives of those coping with such a loss. These damages can become quite varied and may not be as obvious as some may expect. In the event that your loved one’s passing was because of the negligence of a liable party, then you may be able to seek compensation for these damages with a wrongful death claim. When considering taking legal action because of a loved one’s passing being caused by negligence and error, consider Eberst Law as your representation. Our lawyers are experienced in handling cases involving wrongful deaths of all kinds and can provide you legal insight and resources essential to make sure your settlement is of appropriate size. To contact Eberst Law you can either reach out to us online or call our office at 772-225-4900.

What is Considered a Wrongful Death?

In order for the death of a loved one to be considered a wrongful death, the negligence or wrongful act of one party has to cause their death. Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it. Wrongful deaths can occur in a number of ways the most common that result in wrongful death claims include:

  • Motor Vehicle Accident Fatalities
  • Pedestrian Accident Fatalities
  • Fatal Workplace Accidents
  • Medical Malpractice
  • Defective Products

Types of Damages Caused by Wrongful Deaths

Florida Statutes section 768.21 specifies the rules and exactly what kinds of damages can be awarded to a plaintiff that files a wrongful death lawsuit. These damages can include:

the value of support and services the deceased person had provided to the surviving family member. This can include the lost income that they contributed, childcare that they provided, and benefits that family members would have had.

Loss of consortium

The loss of a spouse or partner can be considered a compensable damage in a wrongful death lawsuit. When someone loses such a significant relationship it can have a significant impact on their life and sometimes their mental health as well.

Loss of guidance

Children survivors of a parent that passed away due to negligence can claim the loss of guidance from that parent as a compensable damage in a wrongful death claim. This typically only applies to younger children with adult children being exempt.

Loss of protection provided by the deceased person

Someone may have lost their loved one and depended on them to provide themselves with a sense of security and protection.

Mental and emotional pain and suffering

The death of a loved one can have significant psychological effects on those that experience such grief. These psychological effects can go to the point that a person may develop severe mental trauma requiring the help of a professional.

Medical expenses that a loved one accumulated before they passed away

When a loved one passes away, there is a good chance that they were receiving some kind of medical treatment in an effort to save their life. Medical treatment can only do so much and despite not saving a loved one it still is an expense that needs to be paid. Family members can be stuck with large medical bills after a loved one has passed away.

Funeral expenses for the burial or cremation rites of the deceased

Many people may not realize that funerals can actually end up costing much more than they realize. The average American funeral can cost between $6,000 to $9,000 dollars with things such as grave markers, flowers, receptions, and even caskets running up the cost even more.

Consider Eberst Law as Your Wrongful Death Attorney

If you have had a loved one who has passed away as a result of a fatal accident caused by negligence, please contact Eberst Law at 772-225-4900 or contact us online. Our lawyers are experienced in handling cases in which clients are experiencing pain and suffering caused by the loss of a loved one. When you hire The Eberst Law Firm, you are hiring a firm that will negotiate aggressively on your behalf for a settlement that you can feel comfortable with.

Stuart, Florida Office

101 SE Martin Luther King Jr Blvd

Stuart, FL 34994

772-225-4900

Gainesville, Florida Office

716 E. University Avenue

Gainesville, FL 32601

352-269-0017