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Are You A Survivor Under Florida’s Wrongful Death Act?  If someone in your immediate or distant family is killed in an accident, do you qualify as a survivor under Florida’s Wrongful Death Act which entitles you to bring a claim? The definition of “Survivors” as it pertains to Florida’s Wrongful Death Act is found in Fla. Stat. 768.18. The term “Survivor” means the decedent’s spouse, children, parents, and any blood relatives including adoptive brothers and sisters that were partly or wholly dependent on the decedent for support or services. Support includes contributions in kind as well as money. By way of example, if the decedent was your cousin and provided you with a vehicle to use, you could bring a claim, as a survivor, for the usage value of that vehicle. The term “Services” means tasks, usually of a household nature, that were regularly performed by the decedent and that will be a necessary expense to the survivor. The classic example of such a service is lawn care. You are a widow at 60 years of age and owned a home with your recently deceased husband that was killed in an accident. Your husband was an avid gardener and kept your residence lawn in immaculate condition. However, you are unable to care for the lawn like your deceased husband did so you are required to hire a lawn service at $500.00 per month to keep the yard in the same condition as your late husband did. You are entitled to make a monetary claim for the cost of those services along with your claims for lost support, loss of your husband’s companionship and protection and for mental pain and suffering from the date of his death for the rest of your life. More about the damages that can be claimed under the Florida Wrongful Death Act at a later date. If you believe you may be a survivor under Florida’s Wrongful Death Act and have a monetary and or pain and suffering claim you should contact an attorney immediately. Wrongful Death actions must be typically filed within two (2) years of the date of death by a decedent’s personal representative or they will be forever barred. Don’t delay because that’s the law!    Call the attorneys of West Palm Beach today for a Free Consultation (561) 659-5522

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