If someone causes the death of your loved one, the law gives you the option to file a lawsuit against him or her for wrongful death. The concept of wrongful death is when someone causes the death of another person through negligent actions. It may happen due to many situations, but car accidents are a common reason for filing a wrongful death lawsuit.
According to the Florida Senate, the main goal of the state’s wrongful death statute is to put the burden of a loss on the person responsible for the loss. While the emotional toll of losing a loved one is something you can never put on someone else, this statute aims to at least lessen your financial burden.
The statute aims to reach its goal by only allowing those who had some financial dependency on the deceased to file a wrongful death case. Generally, you may file this type of lawsuit if you are the spouse, child or parent of the deceased. The spouse usually has the first rights for filing such a case with the court. You can appoint someone as a personal representative to represent you in court if you would like.
While most of the losses a wrongful death judgment aims to cover are financial, such as the loss of wages from the person’s job, the court may also consider other losses. For example, the court may consider your loss of companionship or the burden you now have to handle the household duties of your lost loved one. The court will also award damages for pain and suffering.