What Is a Bad Faith Insurance Claim?
Losing a loved one is one of the most devastating experiences a family can endure. When that loss is the result of someone else’s negligence, recklessness, or intentional act, it can feel even more painful and unjust. At the Law Offices of Gonzalo Funes, PA, we understand how overwhelming it is to cope with such a tragedy while also trying to get the justice you and your family deserve, which is why we are here to help. Contact a compassionate and experienced Miami wrongful death lawyer for a free initial consultation today.
Wrongful death is defined under Florida Statutes Section 768.19. Simply put, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. This means that if a person would have had the right to bring a personal injury lawsuit had they survived, their loved ones may pursue a wrongful death claim on their behalf.
Wrongful death claims can arise from many types of incidents. Common examples include fatal car accidents caused by a drunk or distracted driver, medical malpractice that results in death, defective products that fail and cause fatal injuries, and workplace accidents where safety regulations were ignored. Intentional acts, such as assault or homicide, can also lead to a wrongful death claim, even if a separate criminal case is pending.
It is important to understand that wrongful death claims are civil actions, not criminal cases. The purpose of a wrongful death lawsuit is not to punish the wrongdoer with jail time but to seek compensation for the surviving family members’ losses. A civil wrongful death case can proceed regardless of whether criminal charges are filed or a conviction is secured.
Not just anyone can bring a wrongful death claim. According to Florida’s Wrongful Death Act, only the decedent’s personal representative has the legal authority to file the claim. The personal representative is usually named in the decedent’s will or estate plan. If no one was appointed prior to the person’s death, the court will appoint a personal representative, often a close family member.
The personal representative files the lawsuit for the benefit of the decedent’s survivors and estate. Survivors who may recover damages include the decedent’s spouse, children, and parents. In certain situations, blood relatives or adoptive siblings who were dependent on the decedent for support or services may also qualify as beneficiaries.
It is important to note that the eligibility to recover specific types of damages may vary depending on the survivor’s relationship to the decedent. For example, minor children (defined in Florida as children under 25) may be entitled to damages for loss of parental guidance and companionship. An adult child, on the other hand, may have more limited rights if the decedent left behind a surviving spouse.
Compensation in a wrongful death claim is designed to provide financial relief to survivors who have suffered losses due to their loved one’s death. The types of damages available in a wrongful death claim are outlined in Florida Statutes Section 768.21. Compensation can include both economic and non-economic damages, depending on the specific circumstances of the case.
Economic damages often cover tangible financial losses, such as medical expenses incurred as a result of the injury that caused the death, funeral and burial costs, and loss of the decedent’s earnings, benefits, and services. For example, if the decedent provided regular financial support to their spouse or children, the survivors may be entitled to compensation for that lost support based on the decedent’s expected future income.
Non-economic damages address the emotional and intangible losses suffered by survivors. These may include compensation for the loss of companionship, protection, and guidance, as well as for mental pain and suffering. Spouses may claim damages for the loss of companionship and protection. Children may seek compensation for the loss of parental companionship, instruction, and guidance. Parents of a deceased minor child, or in some cases a deceased adult child, may recover damages for their mental pain and suffering.
Finally, the decedent’s estate may also seek compensation for losses such as lost earnings between the time of injury and death, as well as certain medical and funeral expenses that were paid directly by the estate.
It is important to remember that Florida imposes a statute of limitations on wrongful death claims. Generally, the personal representative must file the lawsuit within two years from the date of death. There are very few exceptions to this rule. Failing to file within the deadline could mean losing the right to recover any compensation at all. This is why it is critical to act quickly and consult with a knowledgeable Miami injury lawyer as soon as possible.
At the Law Offices of Gonzalo Funes, PA, we know that no amount of money can ever truly make up for the loss of a loved one. However, pursuing a wrongful death claim can help ease the financial burden on your family and provide some measure of justice. If you have questions about whether you have a valid wrongful death claim or what your next steps should be, we encourage you to contact a compassionate lawyer from our firm for a consultation.
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