Wrongful Death

Negligent and accident death lawsuits

Losing a loved one is always difficult, but when the loss could have been avoided if someone had taken reasonable care, the pain of loss can be exceptionally severe. No amount of money can truly compensate the loss of a loved one. But, the compensation from a wrongful death lawsuit can help families take the first steps to rebuilding their lives. The attorneys at Aloia & Roland, PLLC have the experience and skills needed to help you through this difficult time.

Types of wrongful death cases pursued in Florida personal injury lawsuits

The purpose of the Florida Wrongful Death Act is to transfer the costs of losing a loved one to the individual who caused the death. A wrongful death case is an unusual form of personal injury law suit because the plaintiff is not the injured party — the personal representative on behalf of the survivors of the decedent is the plaintiff in these cases. The types of personal injury lawsuits cover virtually any situation when an individual dies as the result of the careless actions of someone else. Just a few examples include the following:

  • Deadly auto vehicle accidents. When an auto vehicle accident injury victim dies because of negligent actions by someone else—whether it is another driver, or even those responsible for poor roadway conditions—immediate family members can file a Florida personal injury lawsuit.
  • Electrocution Deaths. If someone is killed by a high voltage powerline or by exposed or faulty wiring, surviving family can file a personal injury suit against the utility company or building owners who have a responsibility to ensure the safety of their equipment.
  • Fatal construction site accidents. When a worker is killed as the result of unsafe work conditions, faulty equipment or scaffolding, or a host of other reasons, the immediate family members can file a personal injury law suit.
  • Violent or malicious acts. Family members of individuals who were killed because of an intentional act against their loved one also have the right to collect under the Florida Wrongful Death Act. In fact, even if a person is found not guilty in criminal court, this does not preclude the success of a lawsuit.
  • Negligent security. When business proprietors fail to implement reasonable and ordinary security measures for the protection of their customers from crime.

How wrongful death personal injury lawsuits in Florida work

A wrongful death lawsuit can be filed by immediate family members, specifically, the spouse, children, and parents of the decedent, including any adopted or blood relatives who were wholly or partially dependent on the decedent for support.

All parties are represented by a personal representative of the decedent, who pays all expenses out of the proceeds of the case, distributing the balance to all claimants.

Compensation can include the loss of current and future support and services, as well as the loss of companionship, protection, and mental pain and suffering for a spouse, and lost parental companionship, instruction, guidance, and mental pain and suffering for children.