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What Damages are Recoverable in a Wrongful Death Suit?

A wrongful death occurs when a person’s negligent actions kill someone. While murder is one type of wrongful death, the overwhelming majority of wrongful deaths are tragic accidents, such as car crashes, medical errors, slip and fall accidents, or faulty products. In addition to the emotional toll that a wrongful death takes on the decedent’s family, there can be a significant financial toll as well. If the decedent was the primary breadwinner, surviving family members may worry about paying the bills, especially as the medical bills and funeral expenses for their loved one continue to grow. If the decedent was a stay-at-home parent, the surviving spouse may wonder how they will continue to work full-time while affording quality childcare for their children. While no one can bring back your loved one, we may be able to help ease the financial burden of their sudden and expected passing through compensation for their wrongful death.

To win a wrongful death case, you must show that the person or entity you believe was responsible for the wrongful death (the defendant) acted negligently. This negligence directly caused your loved one’s death. Your loved one’s death has caused you to suffer financial damages.

To initiate a wrongful death case, the individual named as the personal representative of the deceased person’s estate must file the case on behalf of the family, which can include:

• Surviving spouse
• Minor children and other family members who relied on the decedent for financial support
• Adult children (if there is no surviving spouse)
• Parents (if the decedent was a minor or if no other family members exist)

The lawsuit must be filed within two years of the decedent’s death to be valid.

Both the estate of the decedent and individual family members are entitled to receive damages. The estate can receive damages for loss of earnings since the date of death, medical and funeral expenses, and loss of prospective net accumulations – which is defined as the amount of money the decedent would have had in their estate at the time of their death if their life had not been cut short.

The surviving family members can receive damages for loss of support and services; loss of companionship, guidance, and protection; mental pain and suffering; and medical and funeral costs (if they were paid by the survivors rather than the estate).

Wrongful death cases can be difficult to prove, so you need an experienced attorney to represent you. ECanter Lawyers have won millions of dollars for our clients with wrongful death cases. If your loved one had a wrongful death, call us right away. We will evaluate your case and inform you of your legal options to give you the best chance for securing compensation for your loss.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

ECanter Lawyers

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