In the tragic event that someone is killed in a Florida car accident, the victim’s family members may be able to recover financial compensation from the at-fault parties through a Florida wrongful death lawsuit. The Florida Wrongful Death Act is contained in Florida Statutes § 768.16, which provides for various forms of recovery, depending on the relationship between the deceased and the person filing the case.
Florida wrongful death claims can be filed by qualifying survivors. A “survivor” is defined under the Florida Wrongful Death Act as the deceased’s “spouse, children, parents, and, when partly or wholly dependent on the [deceased] for support or services, any blood relatives and adoptive brothers and sisters.”
Any qualifying survivor is able to pursue a claim for the loss of support and services they experiment as a result of the loss of their loved one. In addition, there may be specific types of compensation available to certain survivors. For example, a surviving spouse may be entitled to compensation for their loss of companionship and protection. Similarly, surviving minor children may be entitled to compensation for their “parental companionship, instruction, and guidance and for mental pain and suffering.” Surviving parents are also eligible for pain-and-suffering damages for the loss of a minor child.