Florida Statutes ยงยง768.16 – 768.26 is entitled Florida’s Wrongful Death Act. According to the legislature, the intent of the law is to shift the losses resulting when wrongful death occurs from the survivors of the deceased to the wrongdoer. The law defines survivors as the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.A wrongful death action must be brought by the personal representative of the decedent’s estate. The personal representative shall recover the damages for all of the decedent’s survivors as well as the estate.
The type of damages a survivor may recover depends upon the type of survivor. Depending upon the type of survivor, damages may include loss of support and services; loss of decedent’s companionship and protection; mental anguish; loss of parental companionship, instruction and guidance; medical or funeral expenses due to the injury or death; and loss of earnings. “Support” includes contributions in kind as well as money. “Services” means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and are to be determined under the particular facts of each case.
Most people are quite surprised to learn that a value is not placed on the loss of the life itself. To the contrary, the value is measured not in the life itself, but in the mental anguish of those left behind. One cannot comprehend the pain and anguish associated with the loss of a loved one – through the negligence of another – unless they have suffered the same fate. What remains clear is that death is the ultimate loss – it is permanent and irreversible. Death is different than any other illness or injury. A person may have cancer and conquer the disease. Years later, the cancer survivor may read an article in the newspaper about a person battling cancer and think to themselves – I remember what that was like, I remember what that felt like then. On the other hand, a person who loses a loved one in an accident may pick up the same newspaper, years after the accident, read a story about a person who just lost a loved one in an accident and how they are grieving and think to themselves – I know what that is like, that is how I feel right now.
The Wrongful Death Act protects survivors in two ways. First, the Act allows for monetary damages which help provide financial security to those left behind. In cases involving the loss of the family breadwinner, with small children left behind, these damages may be crucial to their very survival. Regardless of the circumstances, the Act compensates the person for what was taken from them. The second protection the Act provides often is not understood or appreciated. The protection is simply providing the ability of the survivors to obtain some sense of closure. As attorneys, we cannot undo the hands of time and prevent a tragedy from occurring. On the other hand, through the litigation process we are often able to uncover details of the event and provide answers to questions that have plagued the survivors. Moreover, we assist them in achieving their ultimate goal, not money but justice. Justice for the loss of their loved one, justice which will allow them to sleep at night with the knowledge that they have done everything they can to vindicate the loss of their loved one, justice which will allow them some sense of closure so they can move forward with their lives.
