Wrongful Death
When a death is caused by the misconduct of another person or company it is called a "wrongful death".
"Wrongful death" is a death caused by the misconduct of another person or entity. That misconduct can be anything from an intentional reckless act to one of fleeting negligence. The act can be carried out by one person or a corporation such as a drug company. By law, survivors of the deceased are entitled to receive compensation for a wrongful death. This is very similar to someone being compensated for an injury caused by some sort of wrongdoing.
Laws addressing who is entitled to recover damages for a wrongful death vary by state. Usually, this list of beneficiaries includes a spouse and young children. In Florida, children above the age of 18 are able to receive compensation under certain circumstances. The estate of the deceased is normally allowed a recovery for certain elements of damage.
Florida is one of several states that treat relatives other than those previously mentioned as statutory survivors providing they relied on the deceased for support. The losses differ by state and are based on the survivor’s relationship to the deceased. For example, a husband or wife is typically compensated for the loss of the deceased spouse’s love, friendship, support, and services for the duration of their joint life expectancy. In another example, a child is eligible for compensation for the loss of direction, affection, support, and services that would have been offered by the deceased parent. Children in their 20s are often included in this category.
The purpose of wrongful death law is to recover the damages endured by each survivor. The estate is also entitled to recover the future value of the net accumulations that the deceased would have amassed had the wrongful death not occurred.
Finally, medical and funeral bills are usually recoupable by the estate or the survivor who has paid or is compelled to pay them.
Recent settlements
$4.8 million | Indian River County, Florida
Wrongful death: 32-year-old husband and father died of fatal anaphylactic reaction.
$1 million | Lake County, Florida
Wrongful death: 30-year-old single father of four was a passenger in a car stopped for traffic when a dump truck driver lost control and rolled on top of the car.
$975,000 | St. Augustine, Florida
Wrongful death: 20-year-old female killed by van in head-on collision. She is survived by her mother.