Who Is Eligible to Seek Damages?

A typical personal injury claim is filed by someone who has been harmed by another party’s negligence. What happens, though, when an accident victim dies as a result of their injuries? The negligent party who caused their death can still face penalties and bear responsibility for their actions. By filing a wrongful death lawsuit, the victim’s surviving family members can seek justice and fair compensation for their losses.

A quick litmus test for the legitimacy of a wrongful death claim is to determine whether or not the deceased person would have had grounds for legal action had he or she survived. Therefore, the standard of evidence[1] for a wrongful death claim is very much the same as any other personal injury claim. In Florida, relatives who may benefit from a wrongful death claim include the deceased person’s:

  • Surviving spouse
  • Surviving parents
  • Children under the age of 25
  • Dependent blood relatives

Potential Compensatory Damages in a Wrongful Death Case

The loss of a family member can be severely disruptive on many levels, from the impact of emotional distress to more pragmatic concerns such as family income. After an unexpected loss, it can be very difficult to plan for the future while coping with staggering medical bills, lost income, and significant emotional pain. Wrongful death claims are a means of rectifying the situation in the best possible way, and the Orlando personal injury lawyers at Todd Miner Law®️ are highly experienced in fighting for justice on behalf of surviving family members.

In a wrongful death case, surviving family members can pursue damages[2] for:

  • Medical bills related to the deceased person’s injuries
  • Loss of the deceased person’s companionship and protection
  • The family members’ pain and suffering
  • Funeral and burial expenses paid by family members
  • Loss of the deceased person’s projected future earnings
  • Loss of the deceased person’s benefits (insurance, pension, etc.)

Proving your eligibility for these types of damages can be a complex undertaking. An Orlando wrongful death attorney from Todd Miner Law®️ can provide the information, support, and representation you need during this difficult time. Contact our firm to get started.

Ready to Take Action? Contact Todd Miner Law®️ Today.

If you have lost a loved one due to another party’s negligent actions, Todd Miner Law®️ is ready to fight for you. With more than 20 years of experience and a background in insurance defense, Todd Miner knows how to secure the level of compensation your family deserves.

Are you ready to seek justice on behalf of your loved one? Contact Todd Miner Law®️ for a free consultation.

[1] http://www.leg.state.fl.us/statutes/Sections/0768.19.html
[2] http://www.leg.state.fl.us/statutes/Sections/0768.21.html



Todd Miner

Todd Miner is the Senior Trial Attorney & Managing Attorney at Todd Miner Law®️. A Florida native, Todd's journey in law began at the University of Central Florida, where he earned a Bachelor of Arts degree in political science. He then obtained his Juris Doctor degree from Nova Southeastern University, Shepard Broad College of Law. With a background as an Assistant State Attorney and experience in insurance defense, Todd brings over three decades of legal expertise to his practice, focusing on complex personal injury cases. He is dedicated to advocating for his clients and ensuring they receive the compensation they deserve.

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