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Negligent Security Seminar | March 2015

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Wrongful Death starstarstarstarstar

It’s called wrongful death because it is wrongful.  Someone was killed because of the fault of another.  At Leighton Law, we represent families who have suffered a wrongful death.  A loved one has died because of the act of a person, product or corporation.

Sometimes it is a car crash.  Sometimes it is a medical mistake. It might be a violent crime or a serious fall.  In every case there is a family who has lost someone they love.  And it should not have happened.

What do you do when someone you love has been killed by a mistake or intentional act of another?

The best thing to do is to immediately consult an experienced, skilled wrongful death attorney.  We have represented families across the United States who have lost their loved ones.

In Florida, wrongful death is governed by a statute known as the Florida Wrongful Death Act.  It is a maze of laws that allows a death case to be brought but has certain requirements and limitations.  Florida Statute 768 prescribes that all wrongful death cases must be brought by the personal representative of the deceased person’s estate. The personal representative is someone who is either appointed by a will or specified in statutes as the person who handles the estate.

Under Florida law the people who can recover damages is determined by the statute as well as the type of case involved (there are some differences for medical malpractice wrongful death cases).

Please review our representative wrongful death verdicts and settlements.

Survivors of a wrongful death may recover for their mental pain and suffering of the loss, lost support and services, loss of the deceased’s companionship and protection, lost parental companionship, instruction and guidance, and medical and funeral expenses when paid for by a survivor.

The deceased’s estate may recover damages for loss of net accumulations, lost earnings of the decedent and the funeral and medical expenses.

The purpose of the Wrongful death Act is to compensate survivors for the loss of support and services and emotional loss that was suffered.

If a spouse dies (without surviving children, defined as under age 25), they can recover loss of the deceased’s companionship and protection, mental pain and suffering calculated from the date of the injury to the combined life expectancy of the survivor and decedent, lost support and services, and medical/funeral expenses if paid by the spouse.

If a parent dies and there is a surviving spouse, the children under 25 at the time of death can recover their loss of support and services and  parental companionship, instruction and guidance and mental pain and suffering.

If there is no surviving spouse then adult children (over 25) can recover all of the above.

These are just a few examples of how Florida’s Wrongful Death Act allows for recovery of damages by families who have lost their loved ones.

Each wrongful death case requires an examination as to what caused the death.  All of the factors that go into a particular type of case (car/truck negligence, medical malpractice, negligent security, product liability, boating/maritime, aviation, nursing home, etc.) would apply to the case. But instead of it involving an injury, it is the loss of someone’s life.

If you have lost someone due to the fault of another, call us and let us help you.  We have a lot of experience recovering the maximum damages for wrongful death cases.  Mr. Leighton received the 2015 “Hall of Fame Award for Wrongful Death” by the Daily Business Review as a result of a $24 million verdict he won for one family.  The firm has won many substantial and record-setting verdicts and settlements.

Besides being strong advocates for our clients in the courtroom, we understand the pain that families go through after such a loss.  Call us and let us help you through this difficult time.

 Disclaimer: The information about past verdicts and settlements of the firm’s cases are based on the unique facts of each case. These amounts reflect the gross recovery in each case (before attorneys fees, expenses and medical costs are deducted).  Although these results were obtained by our firm, they may not indicate the success or value of any other case.  By clicking on Verdicts and Settlements you are acknowledging that each case is unique and must be evaluated on its own merits. The information contained here has not been reviewed or approved by The Florida Bar.