Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Wrongful death laws may entitle beneficiaries to damages

On Behalf of | Jul 29, 2021 | Wrongful Death |

Life can end in an instant. Florida residents who are filing a wrongful death claim against the party who is responsible for the fatality may be able to receive damages. However, not all beneficiaries will get the same treatment.

Did a loved one lose their life?

It does not have to be the car accident that causes a loss of life. With the increase of boating fatalities, there are also more wrongful death lawsuits that come from vacation activities. No matter how it happened, a loved one lost their life.

Understanding damages

Survivors with the closest family ties will collect more in damages than others will. In some cases, their claims may prevent others from filing. Typically, close beneficiaries are a spouse, children, parents, or siblings. The next consideration is the age of the survivors. For example, minors may receive more than adults can.

Parents collect for pain and suffering

If an adult child predeceases their parents in an accident, they may claim mental pain and suffering. In some cases, they may also enter a claim for medical or funeral expenses they had to pay. However, there is a chance that medical negligence may preclude them from collecting under this provision.

What happens to the creditors?

If the decedent’s estate is a beneficiary in the wrongful death action, creditors may file a claim with the probate court. Just as would be the case in other probate filings, the estate may consider paying out to them if they can document their claims.


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