Key West Wrongful Death Lawyers Helping Grieving Families
Representing South Florida clients injured by acts of negligence by others
Losing a loved one in a terrible accident can be devastating, and you may wonder how your life will ever be the same without that person in your life. Florida’s Wrongful Death Act, Florida Statute 768.21 allows the surviving loved ones of those who die from accidents caused by negligence to recover damages.
At the Yeboah Law Group, our compassionate Key West wrongful death attorneys are ready to represent your interests when you are seeking justice for the loss of a loved one due to the negligence of another person.
Florida wrongful death lawsuits
Wrongful death lawsuits can arise out of many different types of accidents and incidents such as:
- Car crashes
- Truck accidents
- Motorcycle crashes
- Bicycle and pedestrian accidents
- Mass transit accidents
- Boating accidents
- Slip and fall accidents
- Medical malpractice
Who can recover damages in a Florida wrongful death lawsuit?
Under Florida law, there are two broad categories with standing to file a wrongful death claim. The first category is the decedent’s estate, which is a legal entity that is created after a person dies. It comprises all their assets, and the contents of the estate will be passed on in accordance with the person’s will, or those heirs identified by Florida law to inherit the assets.
The damages that the estate might recover are economic damages, which include loss of earnings, and loss of prospective net accumulations (this includes what the deceased might be expected to earn until the age of retirement), plus any medical bills related to the accident and funeral expenses.
The second category includes the decedent’s survivors, which are close relatives such as a spouse, a parent or a child. Survivors may recover both economic and non-economic damages such as pain and suffering, loss of companionship and loss of economic support. Children who are under age 25 at the time of a parent’s wrongful death may recover compensation for pain and suffering, and loss of parental guidance and support. Other living blood relatives who were wholly or partially dependent on the deceased for financial support may recover compensation for loss of services and support.
Wrongful death from medical malpractice has some legal complications
To recover damages in a wrongful death lawsuit for medical malpractice in Florida, you would have to prove that medical negligence caused their death, and that it would not have occurred if not for the medical mistake. The plaintiff would require the services of a medical expert witness who can demonstrate how the physician’s actions or failure to act breached the accepted standard of care, and how that breach caused the decedent’s death. If an obvious medical mistake caused the patient’s death such as a wrong site or wrong patient surgery, it may not be difficult to prove that the doctor’s actions or failure to act caused the patient’s death. But in other cases, such as an infection or an undiagnosed disease, it may be far more complicated.
There are also some stipulations in the law that seem to discriminate against persons who are not married at the time of death, those who have retired and are no longer earning an income, and those who are over age 25 when they lose a parent to a medical mistake. Children of the deceased over age 25 do not have any rights to recover compensation, nor may parents recover compensation for their child who dies from a medical mistake beyond age 25. If a person is single, and has retired, their estate can recover nothing more than final hospital bills and funeral expenses.
Work with a skilled Key West wrongful death attorney
As you can see, determining who can recover compensation in a wrongful death lawsuit from medical negligence can be complicated. At the Yeboah Law Group, we assist the family with choosing and appointing a personal representative who will handle the court proceedings on behalf of the estate and the survivors. we guide and support our clients throughout the legal process. We take on the legal burden so that you can grieve and heal in peace with the comfort of knowing that your interests are being protected.
Schedule a free consultation with a skilled Key West wrongful death lawyer today
When you are dealing with the grief of having lost a loved one because of the reckless or negligent behavior of someone else, the compassionate Key West wrongful death attorneys at Yeboah Law Group are here to represent your interests and fight for the compensation you deserve. For a free initial consultation, you are welcome to phone Yeboah Law Group at 1-800-TELL-SAM or complete our contact form now.
Se habla español.
Types of Cases We Handle
Our Key West attorneys handle a variety of cases, including:
|Car Accidents||Truck Accidents||Motorcycle Accidents|
|PIP Disputes||Wrongful Death||Nursing Home Negligence|
|Product Liability||Premises Liability||Employment Discrimination|
|Maritime Law||Key West|
Key West Office
Yeboah Law Group, P.A.
2011 Flagler Ave
Key West, FL 33040
[available by appointment only]