When you lose someone you love due to another person’s negligent or intentional actions, you may have the right to seek justice through a wrongful death claim. Florida law defines wrongful death as “When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, …” (Florida Statute § 768.19).

You may be dealing with unbearable grief while also wondering how to hold the responsible party accountable. By working with experienced personal injury attorneys—like those at the Law Office of Joshua H. Rosen—you can focus on healing while we help you pursue compensation for your family’s loss. Reach out today to schedule a consultation with a Sarasota wrongful death lawyer.

How Is Wrongful Death Different From Homicide or Manslaughter?

Homicide and manslaughter are criminal cases, and the state—through a district attorney or prosecutor—typically handles them. In contrast, wrongful death is a civil lawsuit filed on behalf of your loved one’s estate. Both types of claims can occur at the same time because they involve different legal systems. A Sarasota wrongful death attorney could help you gather the evidence needed to support your civil claim.

Criminal cases like homicide or manslaughter can result in jail time, probation, or fines. Civil wrongful death cases focus on compensating you and your family for the losses you’ve suffered. Civil cases also have a lower burden of proof, so even if a criminal conviction isn’t possible, you may still be able to hold the at-fault party financially accountable.

What Damages Can You Recover in a Wrongful Death Case?

If you win a wrongful death case in Sarasota, you may be entitled to two types of compensation: one for you and your family’s personal losses, and another for losses suffered by your loved one’s estate.

You and your family could receive damages for:

  • Loss of support and services from the date of the injury until death, and into the future
  • Loss of companionship and protection if you are a surviving spouse
  • Loss of parental guidance and companionship if you are a surviving minor child
  • Mental pain and suffering from the loss of a minor child
  • Medical and funeral expenses that you paid personally

The estate may also recover:

  • Lost earnings and income from the date of injury to the date of death
  • Loss of potential future income your loved one would have earned
  • Medical and funeral costs paid by the estate

Under Florida law, you have two years from the date of your loved one’s death to file a wrongful death claim (Fla. Stat. § 95.11(5)(e)). An exception applies in cases involving murder or manslaughter.

Work With a Sarasota Wrongful Death Attorney Who Understands What You’re Going Through

Losing a loved one suddenly is overwhelming and heartbreaking. While no lawsuit can bring them back, a wrongful death claim can help you find justice, accountability, and the financial support you need during this difficult time.

A compassionate Sarasota wrongful death lawyer at the Law Office of Joshua H. Rosen is here to guide you every step of the way. Let us take on the legal burdens so you can focus on healing. Contact us today to schedule a consultation and learn how we can help.