Johnny Devine PA | Attorney | Personal Injury | Criminal Defense | Landlord-Tenant Law

“My family member was killed through the negligence of another! What should I do?”

When a family member has been killed through the negligence or intentional act of another, it’s time to call your attorney . . . Johnny Devine.

The death of a family member can be an overwhelmingly sad experience; but when the family member is killed due to the negligence or intentional act of another, the death is even more traumatic. After the death, the family is forced to deal with the absence of a loved one who may have been an integral part of the family. While no amount of money can ever replace a loved family member, financial compensation could help pay funeral expenses, burial costs, medical bills, make up for the loss of the decedent’s wages and earnings, and much more.

In such a difficult time it’s important to know that the surviving family members are entitled to monetary damages as a result of the intentional act or negligence of the at-fault party.

Who can file a wrongful death lawsuit? A wrongful death case is different than other types of personal injury cases because the victim (decedent) cannot file the lawsuit. Florida’s Wrongful Death Act dictates that a personal representative of the victim’s estate brings the suit. The personal representative must be married to the decedent or directly related to the decedent (and cannot just be a close friend or acquaintance). Survivors generally include the spouse, children and/or parents. Furthermore, any blood relatives or adopted brothers and sisters who were “partly or wholly dependent on the decedent for support or services” may also benefit from the lawsuit.

The purpose of the wrongful death suit is to provide compensation and relief to family members who have suffered emotionally and financially as a result of the person’s death.

Florida’s Wrongful Death Act details the types of compensation which may be sought in a wrongful death case. Examples of compensation the family may seek to recover include, but are not limited to:

• Direct expenses: medical bills, funeral expenses, burial costs, etc.
• Loss of future earnings: the amount the decedent would have earned in salary if the decedent had lived
• Loss of companionship: what the decedent would have emotionally provided to a relationship as well as the mental pain and suffering resulting from the decedent’s death
• Loss of benefits: what the decedent could have received in pension or retirement benefits if the decedent had lived
• Punitive damages: the amount the defendant should be punished for his or her conduct

Importantly, you only have two years from the time of the person’s death to file a lawsuit. That is why it is important to immediately preserve evidence, investigate the accident, interview witnesses, and file suit before the deadline imposed by Florida law.

For all of these reasons, it is important to have an experienced attorney on your side, protecting you and your family’s rights, and fighting for every dollar of monetary compensation to which you and your family are entitled! Johnny Devine has extensive experience in wrongful death cases in Florida.

Remember, if a family member has been killed through the negligence or intentional act of another, you can call your attorney . . . Johnny Devine!