If a loved one died and their death was the result of someone else’s negligence, you may have a claim for wrongful death. Depending on how the death occurred and your relationship to the decedent, you may be able to recover compensation to help cover the costs associated with the loss of a loved one.
A Bradenton wrongful death lawyer can help you hold the party accountable for the death of your loved one. A compassionate personal injury attorney can stand by you through each step of the process to help you be able to focus on the grieving process.
What Qualifies for a Wrongful Death Action?
Wrongful death is a tort action that someone in Bradenton may be able to bring when the death of an individual is the direct and proximate result of another’s negligence, wrongful act, or breach of contract under Fla. Stat. § 768.19.
The tort action can only be presented if the victim would have had a claim had they not perished. This distinction is made to ensure that death alone does not precipitate a cause of action in the courts. A Bradenton wrongful death lawyer can review a particular situation to determine whether it would have survived as a personal injury claim.
Recoverable Damages in Bradenton
In the tort action for wrongful death, a variety of damages can be recovered with the help of a Bradenton wrongful death lawyer. Many of these damages are dependent upon the survivor’s relationship to the decedent and the type of support they received from the decedent during their lifetime. These damages include recoverable losses for
Recoverable Losses for Spouses
Per Fla. Stat. § 768.21, future loss of support and services are valued based upon the amount of the decedent’s estimated net income available for distribution to the particular survivor. If services rendered by the decedent were lost by a survivor, these too may be considered. If the decedent was married, the following can be recovered:
- Loss of companionship
- Loss of protection
- Mental pain and suffering
- Reimbursement of medical and funeral expenses to the survivor who paid them
Losses for Children
If the decedent was married and had children, damages can also be recovered for the duration of the couple’s joint life expectancy and for the period the children are minors. Also, if there is no surviving spouse, all children, including minor children of the decedent, may recover for:
- Loss of parental companionship
- Loss of instruction and guidance
- Mental pain and suffering from the date of injury
Recoverable Losses for Parents
If the decedent was a minor child, each parent may recover for mental pain and suffering from the date of injury. The parents may recover for mental pain and suffering after the loss of an adult child if there were no other survivors. It is important to note that if the death was the result of a medical malpractice, certain restrictions may be placed on the types of recoverable damages.
How a Bradenton Wrongful Death Attorney Could Help
No matter the cause, if you believe your loved one’s death was the result of someone else’s negligence, it can be invaluable to retain counsel. An experienced attorney can help you navigate the legal process so you can begin to move forward. Contact a Bradenton wrongful death lawyer today to verify if the cause of death would have survived in tort prior to death and to determine what compensation may be available. Call today to learn more.