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Parties Who May Bring a Wrongful Death Claim
Section 768.20, Florida Statutes, provides that an action for wrongful death shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages specified in the Florida Wrongful Death Act.
“Survivors” include 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. Survivors can also include children born out of wedlock of a mother, but not the children born out of wedlock of a father, unless the father has recognized a responsibility for the child's support. See Section 768.18, Florida Statutes.
Please note that under existing Florida law, the parents of an adult child may not recover for the loss of companionship, instruction, guidance or for mental pain and suffering caused by the wrongful death of their child if the death is due to medical malpractice. This restriction does not apply in non-medical malpractice death cases.
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The Fernandez Firm
Florida Personal Injury Lawyers
Hillsborough County - Pinellas County - Pasco County - Polk County
Manatee County - Orange County
Tampa - St. Petersburg - Orlando - Ocala - Central Florida - Jacksonville
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Personal Injury attorneys have always protected American families. At the Fernandez Firm, we still do! Our mission is to provide wrongfully injured persons with exceptional legal representation. For more than 10 years, personal injury victims in Hillsborough County, Pinellas County, Pasco County, Polk County, Manatee County, Tampa, Orlando, Jacksonville, Miami and throughout Florida have relied on our attorneys and accident lawyers to handle all of their legal needs. Our Florida personal injury lawyers aggressively represent our plaintiffs in trial and specialize in auto accidents, car and motorcycle accidents, slip & fall injuries, birth injuries, brain injuries, nursing home abuse, medical negligence and wrongful death cases. Thank you for visiting our web site, we hope the information provided has been helpful.
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