Losing a loved one due to someone else’s mistake or negligence, especially in a traumatic accident, is a heart-wrenching experience. After a tragedy, the last thing you want to do is learn the specifics of the available legal options and spend your valuable time putting together a case. If you are suffering after losing a loved one and need further guidance, the attorneys at Probinsky & Cole can answer any questions you have about wrongful death claims. We will help you understand what comes next and whether your case has the potential to succeed.
Quick Recap of Wrongful Death Claims and Lawsuits
A wrongful death lawsuit is a legal action taken when a wrongful act, negligence, or breach of contract by another person or entity causes an individual’s death. Compensation in these cases aims to hold the responsible parties accountable and help the surviving family members move on.
Who Has A Case?
Spouse: Surviving spouses can file wrongful death claims for loss of companionship, emotional distress, and financial support that the deceased would have provided.
Children: Minor children can claim compensation for the loss of parental companionship, guidance, and emotional pain and suffering. Adult children are eligible to file a claim if no surviving spouse exists.
Parents: If there are no surviving spouses or children of an adult, or if the deceased is a minor child, parents can file a wrongful death claim. Compensation can cover medical and funeral expenses as well as emotional distress.
Other Dependents: Blood relatives or adoptive siblings who were dependents of the deceased, receiving financial support or services, can also bring a claim.
Florida provides a more or less straightforward path for a wrongful death case if your situation is found on the list above. However, what if you don’t fall into one of the eligible categories? There are still legal avenues to explore, which we will cover in the next section.
What If I Don’t Fall into the Wrongful Death Categories?
If you find yourself outside the eligible categories for filing Florida wrongful death claims, it doesn’t mean you’re without options. Other legal avenues and support systems might be available to you, including:
Emotional Distress Claims: If you witnessed the death or its immediate aftermath, you might be able to file for emotional distress. This requires proving severe emotional trauma and a close relationship with the deceased. Most emotional distress claims focus directly on the emotional harm aspect, as parts of wrongful death claims, like loss of income, are not available.
Loss of Consortium: Loss of consortium in Florida refers to the loss of family relations and the benefits derived from that relationship due to an injury or wrongful death. In Florida, this typically applies to spouses, but it may extend to other family members under certain conditions. Spouses can claim for loss of companionship, affection, and support. In limited circumstances, parents and children may claim loss of consortium focusing on emotional support and companionship.
Insurance Claims: Insurance policies often have provisions that can be beneficial in such situations:
- Life Insurance: If you are named as a beneficiary, you can claim life insurance benefits, helping alleviate some financial burdens following the death.
- Other Policies: Review any other applicable insurance policies, such as accidental death and dismemberment insurance, which might provide benefits.
Civil Lawsuits: Even if you cannot file a wrongful death claim, you may have grounds to pursue other types of civil lawsuits:
- Negligence Claims: If you have suffered significant emotional or financial harm due to the death, you might be able to file a separate negligence claim.
- Intentional Infliction of Emotional Distress: Usually only available if the actions that led to the death were particularly outrageous and caused severe emotional trauma.
While wrongful death claims in Florida have specific eligibility requirements, you should always explore the options available to you. If you need assistance with your next steps or don’t know what might apply to your situation, contact Probinsky & Cole to schedule your free consultation.
