On Behalf of Rosenthal, Levy, Simon & Sosa | January 29, 2024 | Wrongful Death
The death of a loved one can impact our lives in many ways. The emotional turmoil of losing a family member is just one aspect. You may also endure financial struggles due to your family member’s demise.
Knowing that your loved one’s death was the fault of another person can make matters even more difficult. If your loved one died due to another person or entity’s negligence, then you may be able to file a wrongful death suit.
Our West Palm Beach wrongful death lawyers are here to discuss who can file a wrongful death suit in Florida and what compensation you and your family would be able to recover.
Wrongful Death Act
The Florida Wrongful Death Act defines wrongful death to be “caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.”
Negligence is the most common cause in a wrongful death case. Negligence is the failure to use reasonable care in completing a task. A person is deemed negligent if he or she did not use the same level of care that a person of reasonable intelligence would have used when confronted with a similar situation.
Wrongful Death Claim versus Survival Action
When a person dies, family members can pursue a wrongful death claim or survival action. A wrongful death claim compensates family members for any losses that resulted from the victim’s death.
Damages in a wrongful death claim may encompass:
- Lost income that the decedent would have provided to family members had the individual lived
- Loss of companionship and fellowship
- Medical expenses
- Funeral and burial costs
- Emotional distress
In contrast, a survival action is designed as a way for the victim to pursue legal action for his or her injuries. It is essentially the same as a personal injury suit since it seeks to recover both economic (lost income or medical expenses) and pain and suffering damages had the victim not succumbed to his or her injuries.
Damages in a survival action may encompass:
- Cost of medical treatment (surgeries, physical therapy, prescriptions)
- Lost income from the time of the accident to the victim’s death
- Lost earning capacity (the pay discrepancy between the victim’s prior job and the lower-paying position)
- Pain and suffering of the victim from the time of the accident until the date of death
Who Pays in Wrongful Death Settlements?
In most wrongful death settlements, the insurance company pays. Take, for instance, if a person buys a defective product that causes fatal injuries. A wrongful death claim and/or survival claim can likely be brought against the retailer, wholesaler, and manufacturer.
If any of these parties are found liable, then that party or multiple parties will be responsible for paying damages. However, these entities are protected from financial responsibility through product liability insurance. In 2022, there were just under $4.3 million in net premiums underwritten in product liability insurance, safeguarding businesses from going bankrupt.
Contact Our West Palm Beach Wrongful Death Lawyers Today
The untimely death of a loved one can create financial and emotional hardship. If a person or entity is responsible for your loved one’s passing, you need to speak with the wrongful death lawyers to find out what damages may be available. Do not hesitate to contact our office today to schedule your free consultation.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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