By Theodore Babbitt

The rights available because of death caused by negligence vary from state to state. In Florida, the right to recover after a family member or loved one dies because of negligence is spelled out in Florida Statute section 768.21 and focuses on compensating those who survive the decedent. Persons who may be able to recover under the wrongful death statute include spouses, children and parents, others dependent on the decedent for support, as well as the personal representative for the benefit of the deceased’s estate.
Damages include loss of support, lost earnings, and the mental pain and suffering of survivors because of the untimely death.
In Medical Malpractice Actions there are limitations on eligible survivors. For example, when the decedent is a parent, the adult children (over the age of 25) do not have a claim. In addition, in Medical Malpractice Actions, when the decedent is an adult child, the parents of the decedent do not have a claim
Whether someone dies due to negligence of another or because of a defective product or drug, those left behind have questions and need help. While filing a wrongful death claim will not bring back a loved one, it can help to provide financial relief to those survivors and loved ones left to grieve. Talk to an experienced wrongful death attorney about your options.

Theodore Babbitt is the founding partner in the trial firm Babbitt, Johnson, Osborne & LeClainche. Mr. Babbitt is a former President of the Palm Beach County Bar Association and a member of Inner Circle of Advocates. He has written over 100 articles, chaired numerous professional committees, and been listed for more than 20 years in The Best Lawyers in America.

Babbitt, Johnson, Osborne & Le Clainche, P.A.

1641 Worthington Road, Suite 100

West Palm Beach FL 33409

(561) 684-2500

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