Personal Injury and Auto Accident Attorneys Serving Florida
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Sarasota, Florida 941-954-4000
Bradenton, Florida 941-752-7200
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Experienced Personal Injury Lawyer

The lawyers of Shapiro, Goldman, Babboni & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. M. David Shapiro, David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over…

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Personal Injury Blog Post

Trayvon Martin’s Parents Settle Wrongful Death Claim Against Homeowners Association

Trayvon Martin’s parents may have finally begun to find justice for the untimely and nationally publicized death of their 17-year-old son after recently settling a wrongful death claim against the homeowners association of the neighborhood where the teenager was killed. Although the actual amount was kept confidential, it is believed that Tracy Martin and Sabrina Fulton settled for more than $1 million. Florida’s Wrongful Death Act allows survivors to hold those responsible for their loved one’s death monetarily liable, but there are specific guidelines that should be understood before filing a claim.

Who can recover wrongful death damages?

Florida law states that a decedent’s spouse or minor children (under 25 years old) may recover damages in a wrongful death lawsuit. Parents of the decedent are only eligible if there is no surviving spouse or minor children. Other blood or adoptive relatives may be considered eligible survivors if they were partially or wholly dependent on the care or services of the decedent. When eligible survivors wish to file a wrongful death claim, a personal representative is appointed to act on behalf of everyone through the legal proceedings. The representative pays attorney fees out of the recovered damages and distributes compensation to the eligible survivors.

What can be recovered?

When awarding damages, courts examine the relationship between the decedent and the survivor and the circumstances surrounding the death. Usually, wrongful death damages include:

  • Loss of emotional support and care
  • Loss of income and contribution to household tasks
  • Funeral and medical expenses
  • Pain and suffering
  • Punitive damages if the death was caused by a party’s wanton and reckless behavior

In Florida, you have two years from the date of your loved one’s death to file a claim. If your loved one was wrongfully taken from you due to someone else’s negligence, call an experienced Sarasota wrongful death attorney for a free consultation about your first step toward justice.

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Shapiro, Goldman, Babboni & Walsh
308 Cocoanut Avenue
Sarasota, Florida, 34236 USA
941-954-4000