Wrongful Death Lawyer Serving Palm Springs

Death is something that we can face at any point and in many different forms. Whether it’s the death of a grandparent (from old age) or the loss of a friend from an unexpected illness, death is not something that we can just ignore. However, there are also situations in which death can come about in cases in which it could be completely avoided. If this happens, the people who were closest to the person who died may wish to file a lawsuit in order to help with their financial (and other) losses. This is also where experienced Wrongful Death Lawyers, Serving Palm Springs may be able to help with the many details that are involved with this process.

When it comes to this type of lawsuit, there should be an estate that is named for the person who has died. Also, there must be a person who is in charge of that estate. In many cases, the person in charge of the estate will be someone who is named in the deceased person’s will. If no one is named in that manner, then the court can place someone in charge of the estate. That person is usually someone who was close to the deceased person, such as a; husband, wife, parent or child.

The court will make that decision once it has a list of every known person who may have an interest in the case’s outcome. Besides the people who were just named, others who might be considered are; blood relatives or adoptive siblings who were supported in some way by the person who has died. Other potential people may include; a child who was born to parents who were not married (if the mother has died). In cases where the father has died, the child’s father usually must legally say that the child is his. This would make him responsible for helping support the child.

For filing a Palm Springs wrongful death lawsuit, the statute of limitations is nearly always 2 years from the time of the person’s death. Florida Statutes section 95.11(4)(d) In some rare cases, this limit could be changed, so it’s usually best to speak with an experienced Wrongful Death attorney, serving Palm Springs, for legal guidance.

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What are some examples of Wrongful Death Claims?

• Car or Auto Accidents
• Accidents Involving Semi-trucks, Commercial Trucks, Tractor Trailers or 18-Wheelers
• Motorcycle, Bike and Pedestrian Accidents
• Workplace Deaths
• Slip, Trip and Fall Accidents resulting in death
• Defective Products
• Medical Malpractice

A wrongful death lawsuit is considered a civil action and is separate from any criminal charges that have been filed. When it first became a law, The Florida Wrongful Death Act (Florida Statute 768.19), was put into place in order to help those who are left behind when a loved one has died.

The Florida Wrongful Death Act states:

Right of action.—When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty 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 or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

Florida Statutes section 768.21 outlines the state's rules for awards that are made in a wrongful death lawsuit. Damages that those surviving family members may receive can include (according to Florida Statutes):

Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:

(1) Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

(2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.

(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

(5) Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them

(6) The decedent’s personal representative may recover for the decedent’s estate the following:

1.  Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
2. If the decedent’s survivors include a surviving spouse or lineal descendants; or
3. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
4. Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
5. Evidence of remarriage of the decedent’s spouse is admissible.

(7) All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.

(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

Damages that can be recovered in a Wrongful Death Action include:

• Medical Bills
• Funeral and Burial Expenses
• Lost Earnings, Loss of Support and Services
• Loss of Net Accumulations (future income)
• Pain and Suffering
• Loss of Companionship, protection, guidance, and instruction

There are many factors used to calculate damages in Wrongful Death Claims. These can include evaluating loss of support and services of the decedent, the relationships of the survivor to the family members, the amount of the victim’s probable net income, and the loss of companionship to the surviving relatives.

It’s also important to note that the medical or funeral expenses attributed to the injury or death may also be recovered.

It’s important to understand that when someone we love has died (especially under tragic situations), there are a lot of emotions that we may need to deal with. These emotions can take a long time to heal and can get in the way of our ability to handle items that relate to the death. Now, think about how difficult it can be when it comes to making a wrongful death claimIs all of this something that you would want to do yourself?

Our compassionate lawyers understand what you and your family are going through in this upsetting time. They will try to assist you with your wrongful death claim, so that you and your family can focus on your other needs. The first appointment with our wrongful death attorney is free – so you have nothing to lose when it comes to finding out what your options are.

A loved one’s fatality can result from a vast number of different situations. These can include; motor vehicle accidents, medical malpractice, fatal slip and fall accidents, defective products and other unexpected situations. These can occur Palm Springs at any given moment in time. If your loved one has died unexpectedly as a result of negligence, it is advised that you seek the advice of an experienced wrongful death attorney, serving Palm Springs.

Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.