In the event of a negligent accident leading to someone’s death, the victim’s family reserves the right to file a wrongful death claim. This type of claim may arise from various accidents, including car, motorcycle, trucking, boating, DUI-related, or drowning accidents, as well as spinal cord injuries.
It’s important to note that a civil wrongful death claim is distinct from a criminal homicide case, and these cases are handled separately within different court systems. In a civil wrongful death claim, the burden of proof for the plaintiff, usually the victim’s family’s personal representative, is lower compared to a criminal case.
The primary aim of a civil wrongful death claim is to seek compensation for the financial and emotional damages suffered by the family due to the victim’s death. If successful, the court orders the defendant to compensate for the claimed losses, which may include loss of support, companionship, mental pain and suffering, as well as medical and funeral expenses.
In Brandon, Florida, the wrongful death laws stipulate that the victim’s family cannot directly file a claim. Instead, a personal representative, either named in the victim’s will or appointed by the court, must file the wrongful death claim on behalf of the decedent. Eligible beneficiaries in a wrongful death case in Florida may include the victim’s spouse, dependent children, parents, or other financial dependents.
It’s important to note that the ability of surviving children to recover damages is dependent on their age and the specific circumstances surrounding the wrongful death. Additionally, there are exceptions for wrongful death claims arising from medical malpractice.