This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Florida Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
The state of Florida does not place a monetary cap on wrongful death or the amount of compensation you can collect. The state does place a limitation on who can file a claim for wrongful death.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
Under Florida's wrongful death statute, a wrongful death claim may only be filed by the personal representative of the deceased individual. This person normally is the executor or administrator of the decedent's estate.
The main difference between wrongful death and manslaughter is intent. Wrongful death occurs when a person's death is caused by the negligence or intentional actions of another party, while manslaughter occurs when a person kills another person without premeditation or intent.
Wrongful death cases settle for a range of figures. The average in Florida is around $500,000 to $1 million. Damages can amount to more or less than this average, and the amount able to be paid depends on insurance coverage and the defendant's individual financial worth.
Gathering strong, convincing evidence like medical records, autopsy reports, witness testimonies, and financial documents is key in a wrongful death case.