Understanding Wrongful Death Claims in Florida
Introduction
Losing a loved one due to someone else’s negligence or wrongful act is devastating. In Florida, surviving family members may have the right to file a wrongful death lawsuit to seek compensation for financial and emotional losses.
This guide explains who can file a wrongful death claim, what damages may be recovered, and how to navigate the legal process.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies due to another party’s negligence, recklessness, or intentional misconduct. These claims are meant to compensate surviving family members for the losses they have suffered as a result of the death.
Wrongful death claims commonly arise from:
- Car accidents
- Medical malpractice
- Slip and fall accidents
- Workplace accidents
- Defective products
- Nursing home neglect or abuse
- Violent crimes
Unlike criminal cases, which seek to punish the responsible party, a wrongful death lawsuit seeks financial compensation for the victim’s survivors.
Who Can File a Wrongful Death Claim in Florida?
Under Florida Statutes § 768.20, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This representative is typically named in the deceased’s will or estate plan. If there is no will, the court will appoint a personal representative.
The lawsuit is filed on behalf of eligible surviving family members, which may include:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased (especially if the victim was a minor)
- Other dependents or family members who relied on the deceased for financial or emotional support
What Damages Can Be Recovered in a Wrongful Death Claim?
Wrongful death claims seek compensation for both economic and non-economic losses suffered by the surviving family members.
Economic Damages
These are measurable financial losses caused by the death, including:
- Medical expenses for treatment before death
- Funeral and burial costs
- Lost income and benefits the deceased would have earned
- Loss of financial support for surviving family members
Non-Economic Damages
These are intangible losses related to emotional suffering, including:
- Pain and suffering experienced by surviving family members
- Loss of companionship and guidance for spouses and children
- Emotional distress of parents losing a child
Punitive Damages
In cases of gross negligence or intentional harm, the court may award punitive damages to punish the wrongdoer and prevent similar actions in the future.
Statute of Limitations for Wrongful Death Cases in Florida
Wrongful death lawsuits must be filed within two years from the date of death, according to Florida Statutes § 95.11(4)(d).
There are a few exceptions:
- If the wrongful death resulted from homicide, the deadline may be extended.
- If the case involves medical malpractice, additional legal steps may be required before filing.
Failing to file within the deadline will likely result in losing the right to seek compensation.
How to Prove a Wrongful Death Claim
To succeed in a wrongful death lawsuit, the plaintiff must prove:
- The defendant owed the deceased a duty of care (e.g., drivers must obey traffic laws, doctors must provide proper medical treatment).
- The defendant breached that duty through negligence or wrongful conduct.
- The breach directly caused the death of the victim.
- Surviving family members suffered financial or emotional losses as a result.
Strong evidence, such as medical records, expert testimony, and accident reports, is essential to proving liability.
What to Do If You Are Considering a Wrongful Death Lawsuit
If you believe your loved one’s death was caused by negligence, take the following steps:
- Obtain the death certificate and any medical records related to the cause of death.
- Collect evidence, including accident reports, witness statements, and photos.
- Identify all potential defendants (e.g., negligent drivers, doctors, employers, or manufacturers).
- Consult a wrongful death attorney as soon as possible to discuss your legal options.
A lawyer can investigate the case, negotiate with insurance companies, and file a lawsuit if necessary.
How a Wrongful Death Attorney Can Help
Navigating a wrongful death claim can be emotionally and legally challenging. An experienced attorney can:
- Investigate the cause of death and gather strong evidence.
- Calculate the full value of damages, including future financial losses.
- Negotiate with insurance companies to seek a fair settlement.
- Represent you in court if the case goes to trial.
At Bonderud Law, we understand how difficult it is to lose a loved one unexpectedly. We are committed to helping families seek justice and financial security after a wrongful death. Contact us today for a free consultation.
Conclusion
Wrongful death claims in Florida allow surviving family members to seek financial compensation for the loss of a loved one due to negligence. Understanding who can file, what damages are available, and the legal deadlines is crucial for protecting your rights.
If you have lost a loved one due to someone else’s negligence, speaking with an experienced wrongful death attorney can help you take the necessary legal steps to secure justice and compensation for your family.
