Chad Horowitz is a respected South Florida wrongful death attorney with extensive experience assisting families who have lost loved ones through accidental death. Mr. Horowitz is dedicated to helping bereft families find justice in cases where death was caused by negligence. Always respectful and caring, Mr. Horowitz is THE ONE YOU WANT to represent you in a wrongful death claim anywhere in Florida.
Florida sees its share of accidental deaths. While most people pass away naturally, other lives are prematurely terminated by the negligent conduct of others. The wrongful conduct need not be intentional, as in homicide, but merely “negligent.” Negligence describes a wide variety of behavior ranging from the criminal to the careless. Some deaths are even caused by default, an omission or failure to act. Whether one was negligent by act or omission depends upon the party’s duty to the deceased. Drivers, physicians, landlords, and even businesses have duties, that when breached, recklessly endanger the lives of others. When their act or omission leads to death, the negligent parties are liable for the irreparable harm caused by the death.
The legal recourse used to obtain justice against the at-fault party is known as the wrongful death claim. This cause of action does not die with the victim, but is brought by surviving family members of the deceased. Bereft family members can file suit in civil court alleging that another party’s negligent conduct caused an accident or injury leading to death. Some examples of conduct giving rise to a wrongful death claim include:
- Driving while intoxicated
- Manufacturing a defective product
- Medical malpractice
- Elderly or child abuse
- Allowing a dangerous condition to exist on property
- Other acts or omissions that “hasten” or proximately cause death
Florida law protects families who lost loved ones as a result of someone else’s conduct. The Wrongful Death Act is codified in the Florida Statutes. The public policy is to shift the burden of losses caused by wrongful death from the survivors to the wrongdoers. As such, these laws are “remedial” and must be “liberally construed” to allow relief to eligible family members. The Florida Statutes limit eligibility to surviving spouses, children, parents, adoptive siblings, some children born out of wedlock, and any blood relatives “partly or wholly dependent upon the decedent for support or services.” Under Section 768.19, these survivors have a “right of action” when the death was caused by a wrongful act, negligence, default, breach of contract or warranty, including events on navigable waters.
Those who prevail in a wrongful death action are entitled to several types of damages under Florida law. Surviving family members may recover medical or funeral expenses due to the death. They may also recover the value of “lost support and services” from the date of the injury to death. In evaluating this loss, courts take into account the survivor’s relationship to the deceased, the decedent’s available income, and the replacement value of the decedent’s services. Surviving spouses are entitled to damages associated with the loss of relationship with the deceased. These include lost companionship, protection, and pain and suffering. Minor children may likewise recover for the loss of parental companionship, instruction, and guidance.
If you lost a family member due to somebody else’s negligence, contact an experienced Florida wrongful death attorney today. Chad Horowitz has prevailed in numerous wrongful death actions, recovering millions of dollars for bereft family members throughout Florida. He understands the devastating nature of your loss and can help you pursue your claim with dignity and respect. Having dedicated his practice to the pursuit of personal injury and wrongful death claims, Mr. Horowitz has the expertise necessary to achieve the best possible outcome for your case. If you need caring legal representation, Chad Horowitz is THE ONE YOU WANT! Call (888) ONE-YOU-WANT (888- 663-9689) for a free confidential consultation.