Wrongful Death

Wrongful Death Lawyer

Advising Wrongful Death Loved Ones with Dedication and Compassion

Wrongful Death Accidents:

Losing someone is painful; worrying over financial security shouldn't be a concern. Focus on recovery while we fight for you. A wrongful death claim occurs when the actions of one party inadvertently causes the death of another. The main difference between a wrongful death suit and other personal injury claims is that it is being made by the family members or estate of the victim, not the victim themselves. 

Due to this, the wrongful death claim exists to recover damages for effects the surviving family members and/or estate have suffered at the loss. We at Retamar & Millian, P.A. understand that money will not make up for the loss of your loved one. We work hard to make sure our clients can have financial peace of mind while they recover from their loss.

If you have lost a loved one due to someone else’s fault, contact Retamar & Millian, P.A. for a free consultation.

Wrongful Death Limitations

The purpose of a wrongful death claim is to provide financial relief to family members whom have been injured due to the victim’s death, both emotionally and monetarily. The plaintiff whom brings the suit in a wrongful death case is the personal representative of the deceased. This person is not required to have any connection to the events that led to the victim’s death. However if the deceased was deemed negligent in their own death that will be imputed to the plaintiff, which may reduce or eliminate the plaintiff’s recovery of damages on behalf of the victim’s estate. 

In Florida wrongful death suits there is special consideration when it comes to the statute of limitations, giving family members two years from the time of death to file a claim. Fla. Stat. 95.11. If the wrongful death suit is based on a medical malpractice issue it is covered under that statute of limitations which can extend the right to sue up to four years. Fla. Stat. 95.11.

Wrongful Death Damages

In a wrongful death case damages are recovered to compensate for losses received due to the death of a family member. Some of these losses can be measured, for example a widow who lost a love one due to a wrongful death could file to recover the salary contributions of their spouse. Here are some of the recoverable damages in a wrongful death suit:

• Direct Expenses: Such as medical bills and funeral expenses
• Loss of Future Earnings: What the deceased would have made in salary if they had survived.
• Loss of Benefits: What could have been received in pension and retirement if the person had lived.
• Punitive Damages: An amount deemed for punishment of defendant for their actions resulting in another’s death.
• Loss of Companionship: Compensation for emotional pain and suffering brought on by the victim’s death. 

Calculating the damage amounts for wrongful death suits is not a simple process, there are multiple factors that affect the amount. For example:

1. How dependent was the surviving plaintiff on the deceased? 
2. What was the nature of their relationship? 
3. What was the expected lifespan of the deceased?
4. What are the anticipated earnings and benefits from the deceased?
5. Was there any comparative fault?

Amount of Damages

Deciding the amount of damages for each of these factors can be difficult. When addressing the relationship to the deceased, loss of companionship, how does one put a price on the emotional loss of a loved one? While not simple, calculating the estimated income is a bit less complicated. You take victim’s yearly earnings and calculate with the expected years until retirement or death. This has it’s own difficulties, as you must consider the health of the deceased prior to the incident and any other factors that may have affected their salary.

Courts also calculate these damages using present value. The amount of future loss is compared to a mathematical table which estimates the value of a dollar in the future based off the number of years they would have been expected to live otherwise, while including interest rates. That estimate is then multiplied by their yearly salary. The intention of utilizing present value is for the plaintiff to receive their lump sum of money, and if properly invested it should achieve the value of any future loss income of the deceased. 

Defenses in Wrongful Death

There are defenses that can be used against a wrongful death suit. They are limited to ones that could have been brought against the deceased had they lived and had their own personal injury claim. If successful these defenses can bar a plaintiff from receiving damages, or the full amount. These defenses are: Causation, Comparative Negligence, and Imputed Comparative Negligence. 

Causation
If a defendant is to be held responsible for a wrongful death it must be proven that their conduct was the cause of said death. They do not have to be the only party with responsibility as long as there is a connection between the conduct of the defendant and the injury that resulted in death. There must be continuous causal connection between the incident and death. For example, if the deceased did not access reasonable medical care after an accident it could be decided that they were partially responsible for the death themselves.

Comparative Negligence

Comparative negligence refers to conduct by the deceased that brought on his or her own death. For example, if one was riding a bicycle in the dark without any light reflectors and was struck and killed by a vehicle it could be determined they had a percentage of negligence. If the deceased is found to be comparatively negligent there could be a reduction to the amount of damages. 

Imputed Comparative Negligence
This refers to an instance where the beneficiary of the deceased is considered comparatively negligent or otherwise responsible for the death of the decedent. In the state of Florida a beneficiary who is found to be at fault even partially is unable to recover damages. However if there are multiple survivor beneficiaries and only one is found to be negligent the other’s recovery will not be affected. 
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