St. Augustine Wrongful Death Attorney
Wrongful Death in Florida
People lose loved ones every day because of negligent physicians, drunk drivers, fatigued semi-truck drivers, and other careless individuals. If another person or party’s negligence caused your loved one’s death, you must protect the legal rights of the deceased. In wrongful death cases, Florida law allows certain surviving family members to obtain compensation based on the total dollar amount of the loss to each survivor.
At Canan Law, we know that you and your family can never be truly “compensated” for your loss. However, by bringing a wrongful death lawsuit against the negligent person or party, you can seek the justice and financial recovery you need to heal.
Reach out to our St. Augustine wrongful death attorneys today for a free, private consultation. Call (904) 849-2266 or contact us online 24/7.
What Is “Wrongful Death?”
Florida defines wrongful death as one that is caused by another person or entity’s “wrongful act, negligence, default, or breach of contract.” In other words, if the person who died (known as the “decedent”) would have had grounds for a personal injury lawsuit had he or she lived, his or her death is considered “wrongful.”
Wrongful death cases can arise from any situation in which a person or party acts carelessly, recklessly, or unlawfully, leading to the death of another person.
At Canan Law, our St. Augustine wrongful death attorneys have helped family members recover for the wrongful death of a loved one caused by:
- Motor vehicle accidents
- Interstate 95 crashes
- Drunk driving accidents
- Distracted driving accidents
- Trucking accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Work-related accidents
- Plane or aviation accidents
- Sports-related accidents
- Medical malpractice
- Defective products
- Property or construction site incidents
If you believe your loved one’s death could have been prevented or was caused by someone else’s wrongful conduct, reach out to our firm today to learn how we can help you and your family.
Underage Children Who Have Lost a Parent
Minor children of a wrongful death victim—including newborns to individuals in their early 20s—are usually entitled to recover for the loss of guidance, loss of affection, financial support, and cost of the routine services provided by the deceased parent.
When the child’s parents were unmarried, he or she can typically recover for the wrongful death of the mother. However, if the father dies, the child will need to prove that the father had formally recognized himself as the father of the child (whether through default, court order, or some other method) and had an obligation to assist in supporting the child.
Canan Law Is Committed to Your Cause
Our firm has handled a wide range of wrongful death cases for clients in St. Augustine and throughout St. Johns County and Northeast Florida. We understand the immense challenges you and your family are facing, and we want to help.
As a fixture in the local community for nearly 20 years, we care greatly about protecting the rights of our friends and neighbors, as well as making our community a better, safer, and stronger place for all. We accept cases and take on issues that matter, an approach that has earned us the respect of our clients and peers, as well as local judges, juries, and opposing counsel.
At Canan Law, we are committed to being the trusted advisor and advocate you need. When you choose our firm, we will fight to make sure your voice is heard.
Contact us today at (904) 849-2266 to schedule your free initial consultation with a caring and compassionate member of our team.
Our legal team specializes in a wide variety of practices and we are ready to fight & advocate on your behalf.
Who Can Bring a Wrongful Death Claim in Florida?
In Florida, only the personal representative of the decedent’s estate can bring a wrongful death claim; family members who are not the personal representative may not bring the claim, but they may be eligible to recover damages in a wrongful death case. Note that if the decedent died without a will or if the personal representative is unable/unwilling to carry out his or her duties, the court may appoint an individual to serve in this capacity.
Although the personal representative must be the one to bring the claim, the following individuals may be able to recover for the wrongful death of their loved one:
- The decedent’s surviving spouse
- Any children of the decedent
- The decedent’s parent(s)
- Any relative (by blood) or adoptive sibling who depended on the decedent for “support or services”
Damages in Florida Wrongful Death Cases
In Florida, both eligible surviving family members and the decedent’s estate may recover damages in a wrongful death case.
The estate of the victim has the right to seek compensation for the restoration of the loss of wealth that would have accumulated in the deceased’s prospective estate had the wrongful death not intervened. The estate can also recover for the loss of reasonably expected income, wages, benefits, and earnings the decedent would have earned had he or she lived, as well as any funeral or burial expenses paid directly by the state.
Additionally, eligible family members may be able to recover:
- Medical expense paid by the family member for the decedent’s final treatment/care
- Any funeral or burial expenses paid directly by the family member
- The value of services and support, including income, provided by the decedent
- Loss of companionship, love, guidance, and protection
- Emotional and mental pain and suffering associated with the loss of a child