Who Can File a Wrongful Death Lawsuit?

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May 19, 2016
Colson Hicks Eidson

Miami Lawyer Explains Damages for Family Members

If someone dies as the result of the negligence of another party, it is possible for certain family members to recover damages for that loss, but it depends on the circumstances of the decedent. Can the decedent’s spouse collect damages for wrongful death? Can the decedent’s parents? What about his or her children? In this video, Miami wrongful death lawyer Joe Kalbac explains wrongful death lawsuits and what the family is able to claim. Our law firm offers representation to the families of wrongful death victims in Miami.

Video Transcription:

Parents in a wrongful death claim in a trucking accident in the state of Florida, if there is no surviving spouse or no minor children, would be entitled to collect. However, if there is a surviving spouse or minor children, they’d be able to collect. If there is no spouse but there are children, then in Florida under Florida’s wrongful death case, the adult children would be entitled to collect. Once a person passes away from the accident, there is no claim for pain and suffering of the decedent. However, that’s a reality of most cases and it goes really to the pain and suffering of the survivors. For example, if you lost a parent as a result of a trucking accident and they survive for a period of time, you obviously suffer through that same suffering that the parent experienced and so that sort of become part of your pain and suffering, part of what you have been left to deal with as a result of the negligence of a trucking company or a truck driver. My name is Joe Kalbac. If you need more information, please call me at area code 305-476-7400 or call our firm, Colson Hicks Eidson, at the same number or feel free to visit our website at Colson.com.