When a loved one dies because of the wrongful or negligent act of another, Florida law provides a remedy called a “wrongful death claim.” The personal representative of the estate brings this claim in court on behalf of the deceased person’s family and asks the court to award damages for the untimely death of a loved one.
Florida law defines the damages that the court can award to the beneficiaries and to the estate of the deceased person. The types of damages and any caps on awards are governed by Florida statutes. A wrongful death claim is filed in civil court. That differs from a criminal case, in which the government typically seeks criminal liability for the person responsible for the death of another. Wrongful death claims can be complicated, and wrongful death attorneys in Stuart, FL will assist you in handling your case.
If, after reading this article, you have additional questions about your own situation, then we welcome you to contact wrongful death attorneys in Stuart, Martin County at Crary Buchanan. At Crary Buchanan, we are proud of our standard of excellence, which has allowed us to thrive as one of the oldest law firms on Florida’s Treasure Coast.
Our wrongful death lawyers in Stuart are passionate about giving you the highest quality representation. Call us today at 772-287-2600, or schedule a free estate consult online with our online contact form.
1. Damages Paid to Surviving Family Members
All potential beneficiaries for any monies awarded in a wrongful death claim must be included in the complaint that your attorney files with the court. Along with their names, the complaint must spell out the relationship the beneficiaries have to the deceased.
There are a number of damages available to the beneficiaries of the deceased.
1. Any beneficiary can be reimbursed for medical and funeral expenses paid on behalf of the deceased;
2. Parents of a deceased minor child can receive mental pain and suffering;
3. Parents of a deceased adult child can receive mental pain and suffering if there aren’t any other survivors;
4. The deceased’s minor children can recover from mental pain and suffering, as well as lost parental companionship, instruction, and guidance;
5. The surviving spouse can receive compensation for mental pain and suffering, and for loss of companionship;
6. If there is no surviving spouse, the adult children can recover from mental pain and suffering, and loss of parental companionship, instruction, and guidance; and
7. All survivors can recover the monetary value of lost support and services.
Any damages falling into these categories can and should be included when filing a complaint with the court. An experienced wrongful death attorney in Stuart, FL will do this for you.
2. Damages Paid to the Estate
Wrongful death cases in Florida also allow the estate to recover certain damages from the at-fault party. The personal representative will claim these damages through the attorney when filing the complaint. You need to ask the court to award any and all damages that Florida law permits, and wrongful death attorneys in Stuart, FL are experienced in doing this for people.
It is important to remember to ask the court to award lost wages. In many cases, there is a period of time between the injury and death. It could be days, or weeks, or months. If the injury that resulted in death had not occurred, then the deceased person would most likely be working and earning money. Those wages are recoverable in court.
In addition, the following damages are recoverable by the estate:
1. Any medical and funeral damages that were paid by the estate, or charged to the estate, can be recovered from the at-fault party; and
2. The loss of probable net accumulations of the deceased person’s estate. This means any increase in the net worth of the estate, which can include such items as business income, earnings, investments, and other things of that nature.
Contact Wrongful Death Attorneys in Stuart, FL to Help You Through the Process
It is hard to lose someone we love. Knowing how to navigate the legal side of the loss is where we come in. Knowing what arguments to make to the court, and recovering monetary damages from the at-fault party is our job and one we take seriously.
At Crary Buchanan, we are committed to providing clients with exceptional service in every aspect of wrongful death law and personal injury law. You can depend upon our 85 years of experience in the Florida legal industry.
Our legal team is passionate about maintaining the high standards of professionalism and legal service that were established and practiced by founding attorneys Evans Crary Sr. and Evans Crary Jr. Evans Crary Sr. began his law practice in Stuart in 1927 at a time when Martin County was only two years old. He became a municipal judge at the age of 25 and served as County Attorney for 23 years.
During his time as County Attorney, he was elected to represent Martin County in the Florida Legislature. In 1945 he was elected to the Florida House of Representatives. He served in the House for nine years and even served as Speaker of the House before he went on to become a member of the Florida Senate. Today, the Crary Buchanan law firm continues to practice the example of integrity, professionalism, energy, and devotion that was clearly illustrated in the lives of both Evans Crary Sr. and Evans Crary Jr.
Our clients are more than case numbers; they are people. We recognize that you are an individual with unique needs and expectations. Our team is here to meet your need and exceed your expectations. When you work with us, you can have confidence that a caring legal advocate is on your side.
If you have more questions or want a dedicated wrongful death attorney in Stuart to help you, call 772-287-2600 or schedule a free consult online with our online contact form. You can always depend on Crary Buchanan for community, experience, and trust. Call today.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.