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What is Considered a Wrongful Death?

If you’ve lost a loved one due to the actions of someone else, you may wonder what kind of recourse, if any, that you have.

Read on to learn what qualifies as wrongful death in Florida.

Wrongful Death in Florida

According to the Florida Wrongful Death Act (§ 768.16 - 768.26), “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer” (§ 768.17).

Essentially, what the statute says, is that any losses incurred due to the death of your loved one will not remain your burden, and instead, will be placed on the person or entity who caused the death.

According to the Right of Action statute (§768.19), “When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”

Said simply, if someone is killed due to the wrongful act, negligence, default, or breach of contract, their surviving family members can sue those responsible for the death for damages. However, wrongful death may only be filed if the decedent would’ve had the grounds to file a personal injury lawsuit if they were still alive.

In addition, this statute includes people who are killed in bodies of water that are used or have been used to transport commerce.

We Can Help

If your loved one died needlessly due to the actions of someone else, we may be able to help you secure justice. While no amount of money can bring back your loved one, compensation for medical and funeral expenses may help ease the sudden burden on your family. Don’t hesitate to contact our office with your case right away.

Call Harmon Parker, P.A. today at (813) 452-4144 to learn more about how we can help you recover over a free consultation.