When a death is caused by the misconduct of another person or company it is called a "wrongful death". The misconduct can range from an act of momentary negligence or carelessness to an intentional or reckless act. It can be the act of a single person or of a corporation, such as a drug company. The law provides for the compensation of the survivors when a wrongful death occurs, just as it provides for the compensation of a victim who has been injured by similar misconduct.

In order to be certain that there is proper compensation for each survivor or beneficiary it is common for the governing statutes to provide that a particular category of person has this right and responsibility. In Florida, the statutes require that the Personal Representative of the Estate of the deceased bring any claim and assure that the interests of each survivor are protected. The Personal Representative is frequently a spouse or parent of the deceased.\

Medical and funeral expenses are normally recoverable by the Estate or the survivor who has paid or is obligated to pay them.

It is mandatory that each survivor's claims be developed and presented fairly without favoring or appearing to favor one survivor over another. This is especially true in those situations where, for example, the widow is the Personal Representative of the Estate of the deceased with the responsibility to present a claim on her own behalf and another claim on behalf of a stepchild. There are many other situations that require a special effort be made to assure a fair process at every step of the claim for each survivor.

These are some of the unusual issues that an experienced attorney will understand and confront in making a claim for a wrongful death. These examples demonstrate why the emphasis should be on selecting a well-qualified attorney with significant experience in wrongful death claims, negotiation, and litigation.

You should expect the attorney and his staff to be sensitive to your particular emotional state. This does not mean that the attorney or his staff should express condolences repeatedly during every conversation (because that may only tend to worsen your grief or sadness), but it does mean that the attorney should generally do the following:

1. Keep the interviews and questioning to the essentials needed at that particular time.
2. Avoid assigning unpleasant tasks (such as, searching for family photographs) to you during your time of deepest sorrow.
3. Provide assistance in making related claims (such as, life insurance claims) if necessary.
4. Provide you with a general overview of the anticipated steps that will be taken in properly investigating and making the claim on behalf of the survivors.

Please complete our “Free Case Evaluation Form” from the menu above or call The Sherris Law Firm at (407) 999-9955 to learn about your legal rights.