Suddenly losing a loved one in an accident is the worst experience that anyone can go through. The last thing on the mind of the family at first is a potential legal claim against the person who was responsible for this tragedy.

But, if it was a wrongful death under Florida law, you may have legal recourse against the person who was responsible. It is a part of the duty of the family and the victim’s estate to make sure that all possible legal recourse has been examined by an experience wrongful death attorney.

The Florida Wrongful Death statutes, under Section 786, are very complex and require the services of an attorney who is highly experienced in this area of practice. These laws involve a trial court, the probate court, insurance companies, and a series of mathematical formulas, as well as the patience and strength to help a family through its most difficult times.

Under the Florida Wrongful Death statutes, only the close relatives of a person who was a victim of a wrongful death have a cause of action against the responsible party. These people only include the surviving spouse, the minor children, and the parents of the victim.

The valuation of a wrongful death claim goes by a complicated formula. Each survivor may be compensated for “loss of support and services.” The computation of this, and of all of the parts of this statute, can be very complicated and require the services of several economics experts.

The survivors may be compensated for loss of income over the projected life expectancy of the victim. The surviving spouse’s compensation may also include loss of companionship and pain and suffering. Minor children of the victim may recover for pain and suffering, as well as loss of parental guidance. Under this statute, a minor child is under the age of 25.

The parents of a child who is a victim, whether or not that child is a minor, may recover for pain and suffering, as well.

The wrongful death claim may also include medical and funeral expenses.

There is also a part of the statute that includes various actions that take place in probate court, which makes a wrongful death claim different from any other kind of Florida negligence claim.

We know that, if you have lost a loved one in an accident, you are going through the toughest time of your life. The Law Offices of Rafael Gonzalez will lend you a patient, sympathetic, and experienced ear when you have decided that it is time to discuss these matters. Remember, though, that you only have a two- year statute of limitations to bring a wrongful death claim.