Personal Injury

What Constitutes a Wrongful Death Claim?

Surviving family members can bring about wrongful death claims on behalf of the deceased person’s estate. A wrongful death claim can result from either a person’s negligence or intentional actions. Many situations qualify for wrongful death lawsuits, including:

  • When an individual intentionally murders someone
  • A car accident where the at-fault driver kills another motorist or pedestrian due to negligence behind the wheel
  • Medical malpractice where the patient passes away from their personal injury at the hands of a medical professional’s actions or omission of action

These are just a few of the more common scenarios for wrongful death claims, but there are many more scenarios where a wrongful death claim could be applicable.

Proving Wrongful Death

Wrongful death is the most severe personal injury case you could bring against another person. To prove wrongful death, you must prove that the defendant had a duty of care to the patient or that their negligence brought about the injury and death of the victim.

The victim’s death must cause some financial burden that the family or the victim’s estate is seeking restitution for. For example, the family can seek reimbursement for the victim’s medical bills resulting from the wrongful death—as well as funeral expenses and pain and suffering.

Some states restrict who can bring about a wrongful death claim. However, a spouse is always permitted to sue for wrongful death on behalf of the deceased. In the case where a minor is the victim, a parent may also bring a wrongful death claim. A minor can also collect wrongful death payments for a parent who is killed at the hands of negligence or intent to harm.

The more distant the family relationship gets, such as aunts and uncles, the harder it is to make a wrongful death claim for the deceased. The closer the relationship, the easier it will be for your attorney to prove your wrongful death case.

Damages for Personal Injury Resulting in Wrongful Death

Wrongful death is a form of personal injury. Personal injury claims are any form of injury that a person sustains due to someone else’s negligence or poor intentions. In a wrongful death lawsuit, you can seek the following damages.

  • Pain and suffering the deceased individual suffered
  • Medical costs related to the personal injury that resulted in the victim’s death
  • Final expenses, such as funeral and burial
  • The victim’s expected income
  • The deceased person’s nurturing and care to dependents
  • Loss of consortium, love and companionship
  • Inheritance lost as a result of the individual’s untimely passing

Florida Wrongful Death Attorney

Proving wrongful death on your own without attorney representation is extremely difficult. And even if you succeed, your resulting compensation is unlikely to be as high as it would if you were to hire a professional.

A Florida wrongful death attorney is well-versed in the state’s laws around such claims. Their expertise is invaluable in proving your case and keeping it moving along throughout the process. Contact Friedman Trial Lawyers for representation of your claim.


Tue Jun 18, 9:00am