Wrongful death occurs when someone dies due to the negligence or criminal actions of another person or entity. The wrongful death statute allows you to make a claim in court to seek damages from the guilty party.
The Florida Statutes explain the Florida Wrongful Death Act is a specific part of the law for this type of lawsuit that covers your rights if you wish to make a claim.
Basic rights
The act allows you to bring a lawsuit for the death of a loved one. It specifies the situations in which you would have a valid claim and outlines the requirements.
The main requirement it sets is that the actions of the other person would allow the deceased to have brought a personal injury lawsuit and recover damages against him or her had the death not occurred.
Validity of claim
The act also outlines who has a valid claim. Bringing a lawsuit is only an option if you have the right legal relationship with the person who died. Generally, if you are a close relative, you may have the right to bring a claim. Typically, the rights begin with the spouse and children and then move to parents and siblings.
Damages
Finally, it outlines what types of damages you may seek. These include payments for loss of income and companionship, medical bills and other expenses related to the accident and suffering resulting from the loss of your loved one.
The reason for wrongful death claims is to shift the burden of loss from the victims in a situation to the person who caused it to begin with.