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The sudden, unexpected loss of a loved one is undoubtedly one of the most terrible things to ever experience. The impact of losing a loved one is not only emotional, but if the family is reliant on the loved one for financial support, the financial impact can sometimes be nearly as bad as the actual loss of the loved one itself. While no amount of money can ever bring back or replace a lost family member, a wrongful death action can provide financial compensation that will help the deceased family member’s survivors to meet the family’s financial obligations, as well as providing a measure of compensation for the mental anguish and pain and suffering caused by the devastating loss of their loved one.

Wrongful death occurs when someone’s negligence or recklessness results in a fatality. The Florida Wrongful Death Act provides that a wrongful death action can only be brought by the personal representative of the estate of the decedent. The personal representative can recover damages for the estate of the decedent and for the decedent’s survivors. Generally speaking, damages recoverable for the estate are different than those recoverable for the survivors.

The estate may recover damages for:

– Loss of Net Accumulations
– Decedent’s Lost Earnings
– Decedent’s Medical And Funeral Expenses

On the other hand, survivors, which include a spouse, child, parent or other relative that was dependent on the deceased for financial or emotional support, may recover damages for:

– Lost Support and Services
– Loss of Decedent’s Companionship and Protection
– Mental Pain and Suffering
– Lost Parental Companionship, Instruction, and Guidance
– Medical or Funeral Expenses When Paid By A Survivor

There is a time limit for filing wrongful death lawsuits in Florida, which generally is 2 years from the date of death. However, there are exceptions, so it is best to review your facts with Phillips Law Firm to see what your options are.