Florida Wrongful Death – How Does Florida Law Work? What Are My Rights as a Survivor of a Relative Who Died as a Result of the Negligence or Fault of Another Person or a Business? Part 2

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When a person dies as a result of the fault or negligence of another person or a business in Florida, the Florida Wrongful Death Act controls the issues of damages, proper parties, time limits and other matters.

There are two types of damages to consider when evaluating and handling a wrongful death case: 1. Economic Damages and 2. Non-Economic Damages.

Non-Economic Damages refers to the damages suffered by the deceased person’s relatives as a result of the wrongful death.

The surviving spouse of the decedent can recover for the loss of the decedent’s companionship and protection and for mental pain and suffering from the date of the injury.

The minor children of the decedent can recover for lost parental companionship, instruction, and for mental pain and suffering from the date of the injury.

If there is no surviving spouse, the adult children of the decedent can recover for lost parental companionship, instruction, and for mental pain and suffering from the date of the injury.

A parent of a deceased minor child may recover for mental pain and suffering from the date of the injury.

A parent of a deceased adult child can also recover for mental pain and suffewring from the date of the injury if there are no other survivors.

It should be noted that under the Florida Wrongful Death Act, a minor child is defined as a child under the age of 25. Florida recognizes that reaching the age of 18 qualifies a person as an adult; however, the definition of a minor child for the sole purposes of the Florida Wrongful Death Act is clearly a child under the age of 25.

The Florida Wrongful Death Act has some exceptions as to recoverable damages and proper survivors when there is a medical malpractice case pursued.

You can read the Florida Wrongful Death Act as to damages at Section 768.21, Florida Statutes – Damages.

As for Economic damages that are recoverable pursuant to the Florida Wrongful Death Act, see Florida Wrongful Death – How Does Florida Law Work? What Are My Rights as a Survivor of a Relative Who Died as a Result of the Negligence or Fault of Another Person or a Business? Part 1.