If you have suffered the loss of a loved one, first and foremost, The Crenshaw Law Firm extends our deepest condolences. This experience can be one of the most devastating and stressful situations you will ever have to endure. During this most difficult time, as we remain committed and professional in our duties to you and your family, we will uphold with utmost respect the memory of your loved one.

A legal claim exists when a loved one’s death is caused by the negligence of another person or business. These claims are wrongful death claims, and they are governed by the Florida Wrongful Death Act. Any type of personal injury case that involves a death may result in a wrongful death claim – car accident, medical malpractice, negligent security, product liability, slip and fall, on-the-job accident, etc.

The legal name for a loved one who has passed is “decedent”. The legal name for family members who may be entitled to a monetary recovery for negligence is “survivors”. Wrongful death claims are brought by the personal representative of the decedent’s estate on behalf of survivors and the estate. The following survivors can claim damages in Florida:

• Spouse
• Children
• Parents
• Blood relatives and adopted brothers and sisters who are dependent on the decedent for support and services

The losses that survivors suffer because of the wrongful death of a loved one are called “damages”. Survivors may recover the following damages:

SPOUSE
➢ Mental pain and suffering
➢ Loss of companionship and protection
➢ Lost support (money and contributions)
➢ Lost services (household tasks regularly performed by the decedent and will be a necessary expense to the survivor)

CHILDREN

Wrongful death damages available to children depend on 1) whether the child is a minor and 2) whether the decedent was married at the time of the death. A minor child means a child under 25 years of age.

Minor child
➢ Mental pain and suffering
➢ Lost parental companionship, instruction, and guidance
➢ Lost support and services

Child over the age of 25
➢ Mental pain and suffering (if there is no surviving spouse)
➢ Lost parental companionship, instruction, and guidance (if there is no surviving spouse)
➢ Lost support and services

PARENTS

Wrongful death damages available to parents depend on 1) whether the decedent was a minor and 2) whether there are other survivors.

Parent of minor child
➢ Mental pain and suffering
➢ Lost support and services

Parents of adult child
➢ Mental pain and suffering (if there are no other survivors)
➢ Lost support and services

BLOOD RELATIVES AND ADOPTED SISTERS AND BROTHERS
➢ Lost support and services

In addition to the above damages, any survivor who has paid medical or funeral expenses may recover them. Also, the decedent’s estate may recover 1) loss of earnings of the decedent from the date of injury to the date of death and 2) loss of the decedent’s expected savings from income if the decedent would have lived a normal life expectancy.

Wrongful death claims may involve complicated legal matters. In addition, from a practical perspective, considerate and conscientious representation is required that goes outside the bounds of a normal personal injury case. As such, our firm will secure legal documentation and items from Miami funeral homes and Fort Lauderdale, Broward County funeral homes to protect your probate and wrongful death litigation interests. We will advise and counsel you regarding insurance policies – life insurance, automobile insurance, worker’s compensation – and all other collateral sources that may assist your family with funeral and burial expenses.

For your wrongful death case, you need an attorney who knows what they are doing; who is tireless in their pursuit of justice for you; and who cares about the life and memory of your loved one. For more than 20 years, Wrongful Death Lawyer André Crenshaw has represented families who have lost loved ones with competence, commitment, and compassion. Call us today for a free consultation to discuss your situation and how we may be able to help you and your family.