Q: What can a widow and child collect for death of husband and father who was killed in a car accident
A: As an attorney licensed to practice law in Florida, Rhode Island and Massachusetts, we can help you. A lot of the information that we need to assist you in determining your case, is very fact intensive and private. There are a lot of factors in answering this question. Some of them include, the amount of insurance that each party had including any under insured motorist coverage. The appropriate way for us to ascertain the details of the case and to advise you, would be for you to contact us. You will be speaking directly with me attorney David Tapalian. Please feel free to reach out and we can advise you immediately.
A: So sorry to hear about this tragedy. My heartfelt condolences to your family.
Florida's Wrongful Death Statute (and court decisions interpreting the statute) provides for the following damages:
Widow's Damages -
1. Loss of Decedent's Companionship and Protection
2. Mental Pain and Suffering from date of injury
3. Loss of Support and Services from date of injury to date of death (w/ interest)
4. Future Loss of Support and Services from date of death (at present value)
5. Medical and funeral expenses due to decedent's injury/death if paid by survivor
Children's Damages -
1. Loss of Support and Services from date of injury to date of death (w/interest)
2. Future Loss of Support and Services from date of death (at present value)
3. Minor children only (under 25), or all children if there is no surviving spouse, may also recover loss of parental
companionship, instruction, and guidance AND mental pain and suffering from date of the injury
Compensation amounts depend on the circumstances, including identifying all responsible parties, what insurance coverage is available, etc.
Also, in Florida, an Estate must be created and Personal Representative has to be appointed in the Probate Court to pursue all claims on behalf of the Estate.
Hope this helps. I deal directly with every client, every time. Consults are free.
A: Sorry to hear of this recent tragedy; 2019 is turning out to be a particularly deadly year on our roadways..
Under Florida law the surviving spouse may recover the loss of "companionship and protection" as well as mental pain and suffering, loss of support and services, future loss of support, medical and funeral expenses.
The age of the child will determine what damages the child would be awarded.
All of this depends on what kind of insurance, if any, exists or the number of collectible assets owned by the at-fault driver.
Florida statute 768.21 provides more information on the damages available.
Please feel free to give me a call if you would like to discuss this matter further.
A: Good afternoon:
I’m very sorry to hear about your loss. My thoughts and prayers go out to your entire family.
You and your children may recover future loss of support and services from the date of your husband’s death.
You as surviving spouse may also recover for loss of your husband’s companionship and protection and for mental pain and suffering from the date of his death.
Your minor children may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of your husband’s death.
In addition, you may recover funeral expenses if you paid them.
Lastly, the personal representative of your husband’s estate may recover loss of the prospective net accumulations of the estate.
What I’ve listed above are the types of damages that can be recovered. As Mr. Tapalian pointed out, the actual amount of these damages would depend on a variety of factors.
We would be happy to discuss this matter with you in greater detail and explain your rights under Florida law.
If there is anything we can do to assist,
please feel free to give us a call.
A: You should consult a member of the Florida Association for Justice. Understand there are different causes of action and basically they work out to your making claims for the loss of the spouse, the economic loss, any costs associated with the medical care, and any pain he endured before he died. There may be other claims against other parties.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.