Wrongful Death

Injury Law Attorney

There are three elements to a cause of action for Wrongful Death that need to be proven by an experienced wrongful death attorney before damages can be recovered:

1 Conduct by the Defendant that amounts to a wrongful intentional act or negligence.

2 The conduct by the Defendant must have caused the death of the decedent.

3 That conduct by the Defendant must have entitled the decedent to have been able to maintain a lawsuit and recover damages even if death had not occurred.

The Plaintiff in a Wrongful Death action can only be a personal representative of the decedent?s estate. Individual survivors are not allowed to file their own Wrongful Death lawsuits. However, the lawsuit brought by your wrongful death attorney must list both the personal representative and the survivors who are also entitled to a recovery. The proceeds that are recovered under the Wrongful Death action are not necessarily for the benefit of the estate, but are also for the benefit of separate survivors. The survivors who are allowed a recovery include spouses of the decedent and children of the decedent. Brothers and sisters of the decedent are only allowed to recover damages if your wrongful death lawyer can prove that they are economically supported by the decedent.


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There are certain types of damages that are recoverable by the estate, and there are certain types of damages that are recoverable by the survivors. The jury in a Wrongful Death case must consider each category of damages separately and any amounts awarded to each survivor and to the estate must be stated separately in the verdict.

The estate can recover damages for loss of net accumulations,

the decedent?s lost earnings, and the decedent?s medical and funeral expenses. The personal representative can also file a separate lawsuit called a Survival Action on the behalf of the estate. These damages are awarded for to the decedent for any cause of action that could have been filed if the decedent had lived. Wrongful death awards damages to family members for their pain and suffering; a

Survival Action awards damages for the decedent?s own pain and suffering, along with other economic damages such as lost wages and medical expenses.

Survivors may recover for lost support and services, loss of decedent?s companionship and protection, mental pain and suffering, and lost parental instruction, and guidance. Regardless of a child?s age, the children of the decedent

may recover the value of lost support and services from the date of the decedent?s injury to the date of death. If the decedent dies without leaving a surviving spouse, a child of any age of the decedent may also recover for lost parental companionship and for mental pain and suffering from the date of the decedent?s injury. However, if the decedent died with a surviving spouse, children

over 25 cannot recover for lost parental companionship and for mental pain and suffering . Furthermore, children over the age of 25 can never recover for lost parental companionship or pain and suffering if the death was caused by medical malpractice.

Parents of a child under 25 may recover the value of lost support and services, medical expenses of the child, and mental pain

and suffering from the date of the child?s injury. However, if the child is over the age of 25, the parents may not recover for mental pain and suffering unless there are no other survivors.

Wrongful death litigation is extremely complicated. If a loved one has died due to the wrongful act or negligence of another due to injuries that occurred in Clearwater, New Port Richey,

or anywhere else in the Tampa Bay area, don't hesitate to call an experienced wrongful death lawyer We offer FREE CONSULTATIONS and you to not have to pay for the services of your injury law attorney unless we win your case.