12/30/12: Who is eligible to collect for Wrongful Death in Fort Myers, Naples and Port Charlotte?
Following the death of a loved one in Fort Myers, Naples, Port Charlotte or anywhere else in the State of Florida those eligible for economic compensation are strictly outlined by the Florida Legislature. The Florida Wrongful Death Act (768.16 – 768.26) dictates who will be entitled to damages following a wrongful death.
Generally speaking the Florida Wrongful Death Act seems like a balanced statute that directs the money following a wrongful death to the appropriate parties. Surviving spouses, parents and children are entitled to money following the wrongful death of a loved one per the Florida Wrongful Death statute. However, upon closer inspection gaps of fairness can be found in the Florida Wrongful Death Act. Section 3 of the Florida Wrongful Death Statute (768.21) holds that adult children of a decedent are excluded from seeking damages for wrongful death if the decedent is survived by a spouse. In Section 4 of the Florida Wrongful Death Statute surviving parents of a decedent are excluded from seeking damages for wrongful death if the decedent is survived by a spouse and/or children. Further, Section 8 of the Florida Wrongful Death Act contains provisions whereby wrongful death benefits can not be collected in certain medical malpractice cases.
If a loved one has died due to the negligence of another in Fort Myers, Naples, or Port Charlotte it is important that you hire an experienced personal injury attorney. Contact a wrongful death lawyer from Viacava & Cantor today for a free consultation.