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What Defines Wrongful Death?> Who Can Recover Damages From a Wrongful Death in Florida?> Why Should You Choose Elstein Legal?>

What Defines Wrongful Death?

Wrongful death can be defined as “the death of a human being as the result of a wrongful act of another person… Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased.”

Wrongful death claims in Florida can be placed in many different situations. Some examples include:

  • Work-related deaths: employers are responsible for ensuring the safety of their workers by providing a safe environment, and the necessary resources to complete their job safely 
  • Pedestrian accidents: motor vehicles are required to yield and be mindful of pedestrians at all times while driving
  • Motor vehicle accidents: drivers need to follow the rules of the road to protect other drivers, passengers and pedestrians
  • Medical malpractice: Health care providers have a duty to take care of their patients safely
  • Airplane accidents: Airlines are responsible for making sure their planes are safe for passengers.
  • Dangerous conditions on a property: Business and property owners are responsible for ensuring their premises are safe and free of hazards.
  • Defective products resulting in death: Manufacturers must ensure the safety of their products.

Who Can Recover Damages From a Wrongful Death in Florida?

 Florida’s law lists all the possible beneficiaries of damages for wrongful death. The beneficiaries include:

  • The surviving spouse can receive damages for loss of companionship, protection, and pain and suffering.
  • Minor children of the decedent, and all children if there is no surviving spouse can obtain compensation for lost companionship, guidance, and pain and suffering
  • The parents of a deceased minor child can recover losses for pain and suffering, as well as the parents of an adult child if there aren’t any other survivors

Because the loss of a loved one is so devastating and can cause long-term financial and mental consequences, many damages can be recovered as a result. Beneficiaries can recover damages for:

  • Lost support and services, from the date of the deceased’s injury up until their death
  • The loss of future support and services
  •  Medical, funeral, and burial costs
  • Loss of companionship
  • Loss of financial support
  • Recovery for the decedent’s pain and suffering, from the time they were injured until their death

Why Choose Elstein Legal to Represent your Case?

Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.

Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by

2022 Florida Rising Stars Award Super Lawyers Magazine
The National Trial Lawyers: Top 40 under 40
Best of the bar
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