Eligibility for Claiming Wrongful Death Damages

by admin on June 10, 2011

Eligibility for Claiming Wrongful Death Damages

var _sf_startpt=(new Date()).getTime()

var base_url = ‘http://www.articlesbase.com/’;var base_images_url = ‘http://images.articlesbase.com/’;var loading_icon = ‘http://images.articlesbase.com/point-loader.gif’;var loading_wide = ‘http://images.articlesbase.com/loadingAnimation.gif’;var loading_large = ‘http://images.articlesbase.com/ajax-loader-2.gif’;var loading_arrows = ‘http://images.articlesbase.com/loading_arrows.gif’;var loading_dots = ‘http://images.articlesbase.com/dots-horizontal.gif’;var captcha_url = ‘/trigger/captcha/’;

var str_qa_type_your_question = escape(“Ask our experts your Personal Injury related questions here…”); var int_question_title_max_length = 200;


GA_googleAddAttr(“Category”, “Law”);

GA_googleAddSlot(“ca-pub-5157679868954075”, “Article_Bottom”);
GA_googleAddSlot(“ca-pub-5157679868954075”, “Article_Left2″);

function fbLogin(backlink){
if (backlink == null || backlink == ”){
backlink = ”;
} else {
backlink = ‘&backlink=’+encodeURIComponent(backlink);

FB.init({appId: ‘d4f0261b49c9a6e9ef675169020100ae’, status: true, cookie: true, xfbml: true});

if (response.session){
if (response.perms){
// user is logged in and granted some permissions. perms is a comma separated list of granted permissions
window.location = ‘/auth/connect?status=success’+backlink;
} else {
window.location = ‘/auth/connect?status=permissions_error’+backlink; // user is logged in, but did not grant any permissions
} else {
window.location = ‘/auth/connect?status=not_logged’+backlink; // user is not logged in in facebook
}, {perms:’email,publish_stream,offline_access’});
function fbInit(){
FB.init({appId: ‘d4f0261b49c9a6e9ef675169020100ae’, status: true, cookie: true, xfbml: true});

var _gaq = _gaq || [];
_gaq.push([‘_setAccount’, ‘UA-318473-1’]);
_gaq.push([‘_setCustomVar’, 2, ‘Category’, ‘Law’, 3],
[‘_setCustomVar’, 3, ‘SubCategory’, ‘Personal Injury’, 3],
[‘_setCustomVar’, 4, ‘PenNameId’, 1036182, 3],
[‘_setCustomVar’, 5, ‘PublishDate’, ‘2011-06’, 3],
(function() {
var ga = document.createElement(‘script’); ga.type = ‘text/javascript’; ga.async = true;
ga.src = (‘https:’ == document.location.protocol ? ‘https://ssl’ : ‘http://www’) + ‘.google-analytics.com/ga.js’;
var s = document.getElementsByTagName(‘script’)[0]; s.parentNode.insertBefore(ga, s);

Free Online Articles Directory

Why Submit Articles?
Top Authors
Top Articles

Publish Article

function show_login_box() {
// move banner patch
if($(‘.static_pg_right_col’).length > 0 && $.browser.msie ) {
var ie_version = parseInt($.browser.version);

Login via


My Home
Sign Out

if($.cookie(“screen_name”)) {
$(‘#logged_in_true li span’).html($.cookie(“screen_name”).replace(/+/g,’ ‘));
$(‘#logged_in_true’).css(‘display’, ‘block’);
$(‘#top-authors-tab’).css(‘display’, ‘none’);
} else {
$(‘#logged_in_false’).css(‘display’, ‘block’);



Remember me?
Lost Password?

Home Page > Law > Personal Injury > Eligibility for Claiming Wrongful Death Damages

Eligibility for Claiming Wrongful Death Damages

Posted: Jun 08, 2011 |Comments: 0

var addthis_config = { “data_track_clickback”:true, ui_language: “en” }

google_ad_channel = AB_cat_channel + AB_unit_channel;
google_language = “en”;

When a loved one dies, it is a difficult experience for his/her family members. It is even more difficult to deal with if the negligence or fault of another was the proximate cause of the death. No amount of money can compensate the loss you suffer; the question is – why do you file a wrongful death lawsuit then?

It is true that no money can balance your losses. However, if the deceased was an employed individual and contributed support and services to the family/survivors, his/her death spells financial trouble for them. Apart from this, you also need to provide for the medical and funeral expenses, thus damaging the finances even more.

In such a situation, Florida wrongful death laws provide you a relief – at least from the financial problems at hand. Who can file a compensation claim? What can the individual survivors claim as damages? Here is a quick look at the details as per the Florida Statute section 768.21.

A living spouse and/or minor children can recover the loss of support and services in a wrongful death action. Support and services implies the financial as well as non-financial ones that the deceased individual would have provided if he/she were still alive.

A living spouse is also entitled to damage recovery on grounds of mental pain and suffering and the loss of consortium.

A child (under the age of 25 years) is also eligible for damage recovery on grounds of loss of parental guidance and company, only if there is no surviving spouse.

Parents of a deceased minor are entitled to damage recovery on grounds of pain and suffering. If the deceased was an adult, and there were no surviving spouse or children, the parents may also recover damages.

Note: If it is a medical negligence suit, this is not a possibility.

Any survivor or the deceased individual’s estate administrator who paid the medical and funeral expenses is entitled to recover these from the liable entity.

The interpretation of the Florida law and its application of it to the facts is a job suitable for a legal practitioner. If you are considering filing such a suit, you need to find a Boca Raton Wrongful Death Law Firm. Even before filing a suit, a consultation with a lawyer is essential.

A lawyer would be able to investigate the matter, analyze the facts and tell you the right way to approach the case. This is imperative for success in a wrongful death action.

About the Author:
Fiona Miller, a legal columnist working with a magazine, offers practical suggestions for handling wrongful death law issues. If you are looking for a Boca Raton Wrongful Death Law Firm, she recommends you to visit http://www.attorney4life.com
Article Source

Related Blogs

    Leave a Comment

    Previous post:

    Next post: