Robert Rush in GoodLife magazine on Wrongful Death
Legal Eagle Robert Rush
One of the most traumatic events human beings may experience is the accidental death of a family member or loved one.
Over 120,000 people die each year from accidents. The most common cause is motor vehicle accidents. If the accident that caused the injury or death was caused by some other persons negligence, someone else who failed to use due care, then family members have specific rights and remedies under Florida law.
The box next to this letter sets forth who has rights under what is called the Florida Wrongful Death Act to pursue a claim. As an attorney who has represented many families, I know how overwhelmed a person is when such a tragedy strikes. Most people want answers as to how it happened, who is at fault, or whether or not it was just a fateful act of God.
I use my expertise to review the facts, visit the accident scene and in some cases the crime scene, talk to witnesses and create an accident reconstruction.
I hope this information is helpful. If you have a question, please do not hesitate to call me at my law office.
Robert A. Rush
Board Certified Civil Trial Law, Board Certified Criminal Trial Law
Robert A. Rush is board certified in Civil Trial Law. Board certification means the lawyer has been designated an expert in that area of law by the Florida Bar. There are over 93,000 lawyers in the State of Florida and only four lawyers have been designated an expert in both Civil and Criminal Trial Law. Robert Rush is one of those four. In other locations across America, such as Petersburg, Virginia, the laws may differ from what is presented below.
Florida Wrongful Death Act Florida Statute 768.16 through 768.26
1. Survivors who would have claim include the decedent’s spouse, children, parents, and sometimes any blood relative whom the decedent depended on for support.
2. Minor children means any children of the decedent under 25 years of age.
3. The claim on behalf of someone who died is brought by the decedent’s personal representative who has an obligation to recover for the benefit of all of the survivors and for any damages to the person’s estate.
4. Damages: a. Each survivor may recover the valuable loss of important services from the date of death; b. Recovery of the decedent’s probable net income; c. The replacement value of the decedent’s services to the survivor. D. The surviving spouse may recover for the loss of the decedent’s companionship and protection and for mental pain and suffering from the date of the injury; and e. Minor children, those under 25 years of age, and all children if the decedent has no surviving spouse may also recover for lost parental companionship, instruction and guidance, and for mental pain and suffering from the date of injury.
There are numerous other available damages, but the above is a brief outline of some of the factors to be considered under the Florida Wrongful Death Act.