Wrongful Death FAQ

When carelessness, negligence, recklessness, or intentional misconduct of another person or company has caused the death of a family member, you may be entitled to receive monetary compensation to cover medical costs, lost wages, and emotional and physical pain for “wrongful death.”

FAQ’s

Q. What is a “wrongful death?”
A wrongful death is an unnecessary death caused by the negligence of another person or company. Examples include deaths caused by: drunk, reckless or careless drivers, intentional acts like a deliberate murder, the manufacturing of unsafe, defective or dangerous products, or even a physician failing to diagnose a treatable disease.

 Q. How much does an attorney evaluation cost in a wrongful death case?
Nothing! Stinnette Personal Injury Law will evaluate your case free of charge. If we agree to handle your case, you owe no fees until we recover money for you.

 Q. What is the first step in pursuing a wrongful death claim?
The first step is to contact a local Clearwater Injury Attorney. Wrongful death claims generally involve a variety of complex legal issues and require a timely investigation.

 Q. Who can file a wrongful death case?
The Florida wrongful death act states that:
"The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death."
In other words, the personal representative or executor who is the person named in the victim's will, or appointed by the court in the absence of a will, must file the claim.

The Florida wrongful death act states that:
"The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death."
In other words, the personal representative is a person named in the victim's will, or whoever is appointed by the court in the absence of a will. In the event that no one was specifically named in a will, or no will was available, a wrongful death claim can generally be filed by the victim's surviving family members.

Q. What sort of damages should I expect to recover in a wrongful death lawsuit?
Survivors can usually sue for both medical bills incurred and funeral expenses. In addition, courts might determine the amount of additional damage and losses suffered.

Assessed damages may include:

  • Loss of support
  • An estimate of the deceased person’s future earning capacity
  • Benefits lost from the death, (insurance, pensions or inheritance)
  • Loss of love, companionship, comfort, care, assistance, and protection suffered by the survivor
  • Punitive damages intended to punish wrongdoers and prevent them from harming others

Q. What if the deceased never held a job?
Whether contributions were monetary or not, they will be addressed. For example is the deceased person stayed home with the children and provided care, service, and a nurturing environment, theses losses would be quantifiable as “pecuniary losses” and are still worth pursuing.

Q. Can I bring a wrongful death action on the death of a child or an elderly person?
Yes. Though damage awards for both decedents are usually modest, for a variety of reasons. If however there can be shown to be gross negligence, it does not matter the age of the deceased. 

Q. What if a person dies before bringing a personal injury lawsuit?
If a person with a personal injury claim dies before the claim is settled, the claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.

Please contact Stinnette Law, the experienced Clearwater wrongful death attorney for a free initial consultation. As our client, you will receive professional and aggressive representation. Allow us to focus on justice and protection of your rights while you focus on recovering from you loss.