Losing a spouse is something no one should ever have to go through. Along with the emotional grief the loss causes, the surviving spouse may also be concerned about the financial impact of the loss if the family was dependent on the decedent for financial support. As such, if your husband was recently killed in a motorcycle accident you may be wondering if you are entitled to compensation for your loss. Whether you are entitled to compensation will depend on the specific facts and circumstances surrounding the accident. The best way to know if the facts of your case are likely to entitle you to compensation for your loss is to consult with an experienced Florida wrongful death attorney; however, a basic understanding of how liability is determined in a wrongful death case is a good place to start.

In the State of Florida, certain survivors of a death may be entitled to compensation for the economic and non-economic damages caused by that death if the negligence of a third party caused, or contributed to, the death. The following survivors may be entitled to compensation:

  • The decedent’s spouse;
  • The decedent’s children (although minor children, defined as those under the age of 25, are entitled to higher damages);
  • The decedent’s parents; and
  • When they were at least partially dependent on the decedent for support or services, blood relatives including adoptive brothers and sisters.

As the surviving spouse, you may, therefore, be entitled to compensation if another party’s negligence played a part in the accident. Negligence is a complicated legal concept; however, at its most basic negligence requires you to prove the following four elements:

  • That a duty of care was owed to the deceased
  • That the defendant breached the duty of care
  • That the breach caused the decedent’s death
  • That there are damages

A virtually endless number of acts or omissions could amount to negligence on the part of the defendant. Some common examples include:

  • Drinking and driving
  • Driving while drowsy
  • Distracted driving
  • Failing to yield
  • Speeding
  • Aggressive driving

If your husband was killed in a motorcycle accident in the State of Florida it is imperative that you consult with an experienced Florida wrongful death attorney as soon as possible to discuss your legal options. Contact the wrongful death team at Powers Sellers & Finkelstein PLC by calling 727-531-2926 today to schedule your appointment.