The most tragic potential outcome of an accident or assault is the loss of a victim's life. In the wake of such an incident, surviving family members may find themselves struggling simply to meet their basic needs on a day to day basis, in addition to the pain of grieving for a loved one. While nothing can undo the pain of a family member's death, the law does allow people to seek repayment for financial and emotional losses related to a fatal accident.
In Florida, these laws are spelled out in our state's Wrongful Death Act. This act clearly spells out the legal regulations for civil litigation following a fatality. This kind of litigation is called a wrongful death claim. The standard of evidence is the same as it would be in a personal injury claim; this is because the plaintiffs in such claims are seen as taking action on behalf of the deceased individual.
Compensation and Beneficiaries
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The beneficiaries of a legal claim are the people who stand to win compensation if their legal action is successful. For a wrongful death claim, they can include:
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It is important to note here that a mother's child can still be eligible for compensation if he or she was born out of wedlock. A father's child born out of wedlock may not qualify for compensation unless the father had legal responsibilities towards the child that were established before his death.
The kind of compensation that beneficiaries receive will depend on the details of the death in question, as well as their established relationship with the deceased person. The compensation awarded by a judge or jury may include:
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It is always difficult to handle a drastic change in one's daily life and finances. This challenge can seem overwhelming if one is already coping with a major loss. For more information about compensation for a tragic event, contact a wrongful death lawyer.
In Florida, these laws are spelled out in our state's Wrongful Death Act. This act clearly spells out the legal regulations for civil litigation following a fatality. This kind of litigation is called a wrongful death claim. The standard of evidence is the same as it would be in a personal injury claim; this is because the plaintiffs in such claims are seen as taking action on behalf of the deceased individual.
Compensation and Beneficiaries
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The beneficiaries of a legal claim are the people who stand to win compensation if their legal action is successful. For a wrongful death claim, they can include:
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- The deceased person's spouse
- The deceased person's minor children, up to the age of 25
- The deceased person's parents
- Any blood or adopted relatives who financially depended on the deceased person
It is important to note here that a mother's child can still be eligible for compensation if he or she was born out of wedlock. A father's child born out of wedlock may not qualify for compensation unless the father had legal responsibilities towards the child that were established before his death.
The kind of compensation that beneficiaries receive will depend on the details of the death in question, as well as their established relationship with the deceased person. The compensation awarded by a judge or jury may include:
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- Loss of financial and practical support
- For the spouse, loss of consortium (a marital relationship) and emotional support
- For the children, loss of guidance and parental companionship
- For parents of a deceased minor, mental anguish and suffering
- For parents of a deceased adult, emotional suffering if there are no other survivors
- Emotional pain and suffering
- Any medical bills the deceased person incurred before his or her death
- Funeral and burial expenses
It is always difficult to handle a drastic change in one's daily life and finances. This challenge can seem overwhelming if one is already coping with a major loss. For more information about compensation for a tragic event, contact a wrongful death lawyer.
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