A wrongful death case is one in which the negligence of a person results in the death of another person. This can include the same sort of events which lead to lawsuits requiring a personal injury attorney: automobile accidents, slip and fall accidents, and incidents of medical malpractice, to name a few. In a wrongful death case, since the deceased person is not able to represent themselves to pursue a claim against the at-fault parties, someone else must serve in that capacity on behalf of the estate of the deceased. Papers are filed with the court to request that the person be appointed as the personal representative of the decedent's estate.
Often, but not always, the personal representative is a family member of the person who died. Once the court approves the appointment of the personal representative, that individual acts as a sort of “delegate” to represent the survivors of the decedent, who then works with a wrongful death attorney. “Survivors” are those who are entitled by law to recover damages resulting from the death of the individual. Survivors can include the spouse, children, or parents of the decedent. Survivors in a wrongful death case may be entitled to recover damages for the loss of financial support and companionship of the deceased, as well as the mental pain, anguish and suffering they have endured because of the untimely death of their loved one. Florida law has very specific criteria to determine who qualifies as a survivor of a decedent, and the law is equally specific about the types of damages for which the survivors may recover.
The Goldberg Law Firm has wrongful death attorneys and has successfully represented clients in these types of cases.
We, at The Goldberg Law Firm, are dedicated to standing up for the rights and protection of victims of negligence and to seeing justice done. We will continue to direct our combined knowledge, determination, and drive to the limits for each and every one of our clients.
The results are record-breaking jury verdicts, real relationships with our clients, and legislative breakthroughs