As a wrongful death lawyer, I often get calls from people who witnessed the wrongful death but were not entitled to compensation pursuant to Florida’s wrongful death statute, Florida Statute 768.18.
According to the statute, you have to either be a child or parent of the deceased to get compensation for most of the damages available to survivors of the wrongful death of a loved one. Remember, our Tallahassee wrongful death lawyers at Fasig Brooks can answer all your questions about a wrongful death case you witnessed.
The Impact Rule
However, there is a very interesting and important loophole to the strict rules regarding who can bring a case for wrongful death. It’s called the impact rule. According to the impact rule, somebody involved in an accident may bring a claim for mental and emotional pain and suffering for witnessing the death of somebody close to them.
It’s very common for people who witness the death of someone they love to suffer from PTSD, depression, anxiety, and an entire host of other psychological ailments. You may need to talk to a personal injury lawyer in Florida because there is a catch: two elements must be met.
- There must have been a physical impact on the person bringing the claim, and
- There must have been a close relationship between the person bringing the claim and the deceased.
Evidence of Physical Injury Is Necessary
If you were involved in a car accident and the person you were riding with died, witnessing that death can be a very significant element of your damages. Even if you weren’t in the crash but just witnessed it, you could have a claim for mental and emotional pain and suffering as long as a piece of debris or some other physical object impacted you.
If there was no physical impact upon you whatsoever, you wouldn’t have a viable claim for your mental and emotional pain and suffering, no matter how much it affects your life. If there was an impact and you did witness a death, it would be very wise to seek counseling. Your car accident lawyer in Florida can help you build a strong case for damages.
Filing a Wrongful Death Case
The counselor is often the star witness in the case of your damages. The Florida courts are split regarding whether lawyers can hire grief experts to discuss the impact of witnessing a death, but treating counselors are always allowed to testify. Psychological injuries are real, and they can ruin your life. You need an objective, professional person to relay the extent of your injuries to the jury.
Technically, unless you fall under the category of people who are allowed to bring a wrongful death claim, your case is not considered a wrongful death case. However, when you have psychological trauma related to watching someone close to you die, you can still claim the same elements of mental and emotional pain and suffering, which often make up the bulk of the damages in a wrongful death claim.
Look for Your Wrongful Death Lawyer’s Advice
As a wrongful death attorney, I often claim mental and emotional pain and suffering as the only element of damages I seek because I’m asking for tens of millions of dollars, and I don’t want the jurors’ minds to be anchored to smaller numbers such as funeral and medical expenses when they put the amount of damages on the verdict form.
It would be wise to consult a lawyer as soon as possible about how you can document your damages related to witnessing the wrongful death. I would advise you also to avoid any posting on social media about your loved one’s death. Those posts can only serve to harm your case. They never help. However, I would encourage you to keep a journal related to your mental and emotional pain and suffering so you can use it later. I give my clients a cell number where they can text me 24/7 and use texting as a method of journaling. Anything they send me in the text is protected by the attorney-client privilege, and it’s a great way for my clients to let me know how they are doing in real-time.
Sincerely,
Jimmy Fasig
Wrongful Death Lawyer
(850)777-7777
AUTHOR
Jimmy Fasig
I Witnessed a Wrongful Death FAQ
What Is a Wrongful Death Lawsuit?
If someone dies due to another person or entity’s negligence (failure to take proper care), a wrongful death lawsuit can be filed by surviving family members. This negligence lawsuit seeks compensation, or financial damages, for the losses suffered.
Who Can File a Wrongful Death Claim?
In most cases, spouses, children, and sometimes even parents of the deceased can file a wrongful death claim. The specific rules vary by location, so consulting an experienced attorney is recommended.
What Are Considered “Damages” in a Wrongful Death Case?
Damages can be divided into two categories: economic and non-economic.
- Economic Damages. These are quantifiable losses, like medical bills, burial costs, loss of income the deceased person provided, and even future potential earnings.
- Non-Economic Damages. These are harder to put a price tag on, but still very real. They include loss of companionship, emotional distress, and loss of guidance or parental care.
What Evidence Is Important in a Wrongful Death Case?
Several types of evidence can be crucial:
- Witness Statements. Your eyewitness account of the event can be highly valuable.
- Accident Reports. Police reports from the scene can provide important details.
- Medical Records. Documentation of the deceased’s medical condition before and after the incident helps establish the cause of death.
Depending on the case, other documents may be important. This might include employment records to prove lost income, funeral home receipts for burial expenses, or even toxicology reports if relevant.
How Much Does It Cost to Pursue a Wrongful Death Lawsuit?
Wrongful death attorneys at Fasig Brooks work on contingency fees, meaning they only get paid if they win your case. This can provide financial peace of mind during a difficult time. We can also offer a free consultation, where we can answer all your questions about your case so you can make informed decisions.
What Is the Difference Between a Wrongful Death Lawsuit and a Personal Injury Lawsuit?
A personal injury lawsuit deals with situations where someone is injured due to negligence but survives. Depending on the case, a personal injury lawyer, a Florida truck accident lawyer, or even a pedestrian accident lawyer may be necessary. A wrongful death lawsuit applies when negligence results in death.
Do I Need to Talk to a Lawyer Right Away?
While there’s no legal deadline to contact an attorney, it’s generally best to do so sooner rather than later. They can advise you on your rights and options and help preserve evidence while memories are fresh.
Remember, this is just a starting point. If you’ve witnessed a wrongful death, Contact a qualified and compassionate wrongful death attorney in Florida. They can guide you through the legal process and fight for the compensation you deserve during this challenging time.
