The loss of a friend or relative can be devastating, regardless of the circumstances surrounding their death. Wrongful death cases pose a unique impact on surviving family members, as their loved one was unfairly taken from them.
While it cannot bring them back, our legal system allows for compensation when wrongful death occurs. But who gets the money in a wrongful death lawsuit? This article answers that question and explains some of the basics of wrongful death claims in Winter Park, Florida. Keep reading to find out if they apply to your situation.
What Is Wrongful Death?
Wrongful death is a civil cause of action brought against an entity whose actions resulted in someone’s death. Defendants can include individuals as well as companies. Claims are typically brought by surviving family members or dependents of the deceased.
In wrongful death cases, the injuring party must have caused the person’s death either intentionally or through negligence. Common examples of the latter include a wrongful death accident due to inadequate safety policies in the workplace.
It could involve a failure to recall defective automotive or machine components or selling faulty products. Almost any situation where faulty products or actions cause someone’s death can be the basis for a claim.
It also is important to point out that wrongful death claims are distinct from criminal charges. In fact, the party that caused the wrongful death could be acquitted of criminal guilt but still be found liable for civil damages.
What Are Damages?
Damages are the compensation received from personal injury claims. Wrongful death falls under this general umbrella, although it is also a unique subset of personal injury law.
Individuals bringing a wrongful death lawsuit can seek damages for different types of harm. Common ones include medical expenses before death occurs, as well as burial and funeral costs. Family members can seek compensation for loss of wages or salary, as well as future earning potential.
You can seek damages for non-economic loss as well. This includes the mental anguish one suffers after losing a loved one. You can also sue for loss of companionship, including losing the deceased person’s care and compassion.
Who Gets the Money in a Wrongful Death Lawsuit?
In Florida, only one person can file a wrongful death lawsuit. They are the personal representative of the deceased person’s estate.
In most cases, Florida law stipulates pretty clearly who gets the money in a wrongful death lawsuit. In general, this includes the surviving spouse and any children or other dependents of the deceased. If the case involves a child, the parents would receive compensation.
There are other, more complex circumstances. For instance, in some cases, young children of an unmarried couple can receive settlements from the loss of their father. One requirement is that the father must have formally recognized them as his own.
Pain and suffering damages can extend to anyone, including close companions. In these situations, as well as others, you should seek counsel from an experienced wrongful death attorney.
Find the Best Winter Park Wrongful Death Attorney
Now that you understand who gets the money in a wrongful death lawsuit, you can have a better sense of how such lawsuits conclude. A skilled wrongful death lawyer can answer any further questions you might have and discuss the nuances of your unique claim.
At Newsome Melton, we work to get the best possible outcome for each case, even if that entails long drawn-out courtroom battles. Our qualified and experienced team will give your wrongful death lawsuit the attention it deserves and help you get justice for your lost loved one. Reach out to us today to discuss your claim.