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Daytona Beach Attorneys – Wrongful Death

Wrongful Death: “It is the public policy of this state to shift the losses resulting when wrongful death occurs to the survivors of the decedent to the wrongdoer” Florida Statute §768.17.  Florida’s Wrongful Death Act is a state law that controls wrongful death actions in the state. It is a statute Daytona Beach attorneys know well.


A wrongful death action, which Daytona Beach attorneys can handle, is brought in the name of the estate of the person who died as a result of another person’s negligence. The estate itself has two claims. The first claim is for the benefit of the estate. The elements of damages which the estate is entitled to recover is medical expenses, funeral and burial expenses and lost wages until the time of death.


The estate may also recover what is referred to as net accumulation damages.  Accumulations are essentially the net income the decedent probably would have retained as savings and left as part of his or her estate had the decedent lived his or her normal life expectancy.


The second claim brought by the estate is on behalf of all “survivors” of the decedent. The term “survivors” as defined by Florida law typically includes the decedent’s spouse, children, parents and blood relatives or adopted brothers and sisters who are wholly or partly dependent upon the decedent for support or services. Daytona Beach attorneys can inform you whether you qualify. Each survivor has the right to recover the value of lost support and services from the date of the decedent’s injury to the date of his or her death as well as the future loss of support and services from the date of death. A surviving spouse may recover for the loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.


When a child dies, each parent may also recover for mental pain and suffering from the date of injury. When an adult child dies as a result of the negligence of another, each parent may also recover for mental pain and suffering if there are no other survivors. However, if your loved one dies as a result of medical negligence, the rules of recovery are different, which Daytona Beach attorneys can explain to you. When a person dies as a result of medical negligence leaving only adult children, the adult children have no right to claim damages for loss of parental companionship, instruction, and guidance for mental pain and suffering from the date of the injury. Similarly, if an adult child dies as a result of medical malpractice, the adult child’s parents are not allowed to recovery their damages for mental pain and suffering.


Wrongful death claims can arise out of a variety of contexts.  This includes automobile accident, medical malpractice, nursing home abuse, motorcycle accidents, defective products, bicycle and pedestrian actions, and premises liability claims. Each of these claims is addressed in more detail by the Daytona Beach attorneys of Seitz & Tresher at this website.


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