Losing a loved one is devastating, regardless of the circumstances surrounding his or her death, but when a person dies because of the acts of a careless or reckless individual, it can make the loss even more difficult. If a person dies in an accident, it does not mean that the person who caused the accident cannot be held liable for the harm that he or she caused. Instead, a wrongful death claim can be brought on behalf of the deceased person's estate. If you suffered the loss of a loved one, it is essential to engage an experienced Fort Lauderdale wrongful death lawyer to discuss which claims you can pursue and what you must prove to recover damages. Attorney Joseph I. Lipsky is a skillful personal injury attorney who for more than twenty-seven years has helped families seek compensation for the loss of a loved one via a wrongful death claim. Mr. Lipsky regularly represents people in wrongful death lawsuits in Fort Lauderdale and other cities throughout South Florida, throughout Florida and across the United States.Florida Law Regarding Wrongful Death Claims
In Florida, the Wrongful Death Act codified in Florida Statutes delineates who can pursue a wrongful death claim. The Act states that any wrongful death claim must be brought within two years of the date of the death by the deceased person’s personal representative, who is entitled to recover on behalf of both the deceased person’s estate and his or her “survivors.” Survivors are defined as the deceased person’s children, spouse, parents, and any blood relatives or adoptive siblings if they were partially or wholly reliant on the deceased person for support. There are significant limitations, however, in wrongful deaths caused by medical malpractice, which is why families facing those difficulties, need to speak with an experienced wrongful death lawyer like Joseph Lipsky.
Wrongful death claims can only be pursued in certain circumstances, such as when a person’s death is caused by the wrongful act or negligence of another person. To prove liability under a theory of negligence in a wrongful death claim, the plaintiff and a wrongful death attorney in the Fort Lauderdale area must show that the defendant owed the deceased person a duty, which the defendant breached, resulting in the deceased person’s death.Damages Recoverable in a Wrongful Death Lawsuit
The Florida Wrongful Death Act also defines which damages are recoverable by the deceased person’s estate and survivors. Specifically, the estate can recover damages for the deceased person's loss of earnings from the date of injury to the date of death, as well as the cost of any medical and funeral expenses. The estate may also recover compensation for the loss of the deceased person’s net accumulations in certain circumstances.
The damages recoverable by any of the deceased person’s survivors depend upon the survivor’s status. Generally, anyone deemed a survivor may recover the value of the loss of services and support from the date of the injury to the time of death and any future loss of services and support as well. A knowledgeable Fort Lauderdale wrongful death attorney can advise you on the likely value of this loss. Factors considered in calculating the loss of services and support include the survivor's relationship to the deceased person, the deceased person’s probable income, and the value of the deceased person’s services. Additionally, survivors can recover the costs of any medical and funeral expenses that they actually paid. Surviving spouses may also be entitled to damages for the loss of the deceased person’s services and support and for their loss of companionship. They may be awarded damages for mental pain and suffering as well. Surviving minor children may also be awarded damages for their loss of parental companionship and guidance and for their mental pain and suffering.Meet With a Capable Fort Lauderdale Attorney to Discuss Your Case
When a person dies unexpectedly, it can cause emotional grief and financial pressure. If you lost a loved one because of someone else's negligence, it is vital to meet with a national recognized attorney to discuss your case and whether you may be able to pursue claims on behalf of the estate of your deceased loved one. Joseph I. Lipsky is a renowned and trusted wrongful death lawyer in the Fort Lauderdale area who knows how shocking the sudden loss of a loved one can be, and he will work diligently to help you pursue any damages that you may be able to recover for your loss. Mr. Lipsky represents people in wrongful death lawsuits in Palm Beach, Broward, Miami-Dade, Orange, and Monroe Counties, including in West Palm Beach, Fort Lauderdale, Miami, Orlando, and Key West. You can reach us at 1-888-352-5298 or via our form online to schedule a meeting to discuss your case.