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Wrongful Death

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Compassionate Hollywood Attorney Represents Families in Wrongful Death Cases

AGGRESSIVE PURSUIT OF JUSTICE HOLDS WRONGDOERS ACCOUNTABLE

There is nothing more tragic than the sudden death of a loved one due to another person’s wrongful behavior. In certain cases, authorities can pursue justice through a criminal prosecution, but what if there was no criminal intent? If a negligent act, such as careless driving or medical malpractice, killed your loved one, how do you get the justice that allows you to have closure? The Law Offices of James Jean-Francois, P.A. helps grieving families by pursuing damages in a wrongful death action. I realize that no amount of money can ever fill the void after such a loss, but a wrongful death judgment can restore a measure of your loved one’s dignity and can ease the financial hardship the death has caused your family.

WHAT IS A WRONGFUL DEATH LAWSUIT?

Under Florida law, when a wrongful act causes the death of a person under circumstances that would have allowed the person to sue for personal injury damages if he or she had lived, a representative of the decedent’s estate may sue for the damages on behalf of these certain family members the decedent leaves behind:

  • A surviving spouse
  • The decedent’s children
  • The decedent’s parents
  • Any blood relative or adoptive sibling who was dependent on the decedent for support or services

The plaintiff party must prove by a preponderance of the evidence the following elements:

  • The defendant had a duty to behave with reasonable caution.
  • The defendant breached that duty by acting negligently, recklessly or with deliberate criminal intent.
  • The breach of duty directly caused injury to the decedent.
  • The injuries resulted in death.
  • The estate suffered losses as a result of the death.

The court generally appoints one personal representative to sue for the estate and all others who might share in a damage award.

DAMAGES AVAILABLE FOR A FLORIDA WRONGFUL DEATH CASE

In a Florida wrongful death action, the decedent’s estate may recover the following economic damages:

  • Lost wages, benefits and other earnings, including the value of lost earnings the deceased could reasonably have been expected to make if the person had lived
  • Lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the person had lived
  • Medical expenses due to the injury event and funeral expenses the estate paid directly

Surviving family members may also receive economic and noneconomic damages, including:

  • The value of support and services the decedent had provided
  • Loss of companionship, guidance and protection the decedent had provided
  • Mental and emotional pain and suffering due to the loss of a child
  • Reimbursement of medical and funeral expenses a surviving family member has paid

Many of these damages are difficult to calculate, because they represent future losses or losses that are intangible in nature. How much to demand and how to support that demand with evidence and reasoned analysis are problems that only an experienced wrongful death lawyer can solve. I draw on more than 15 years of experience to build a strong case for a fair damage award.

Contact my Hollywood office to schedule a free wrongful death consultation

The Law Offices of James Jean-Francois, P.A. provides compassionate yet aggressive representation for wrongful death cases throughout the Hollywood area. To schedule a free consultation and case evaluation, call me at 954-780-8505 or contact my office online. I am conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.

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