Losing a family member is painful under any circumstances. Losing someone because another person’s negligence caused their death can leave you searching for answers, accountability, and a way to protect your family’s future. Florida wrongful death claims allow eligible survivors to pursue compensation when a loved one’s death was caused by someone else’s wrongful actions.
When you lose a loved one, filing a lawsuit is the last thing on your mind. However, Florida’s Wrongful Death Act gives families recourse when their loved one dies as a result of another person’s wrongful act, negligence, default, or breach of contract or warranty. A wrongful death claim is a civil personal injury lawsuit. That means it is a separate legal action from any potential criminal charges someone could face related to the death.
Criminal charges are the government seeking punishment for someone’s illegal actions. A personal injury claim is a private citizen seeking compensation for injury or damages. In a wrongful death claim, it’s the deceased’s family that is seeking compensation for the loss of their loved one.
A wrongful death claim could arise from a vehicle accident, medical malpractice, a defective product, or unsafe property conditions. It could also be a claim arising from a workplace injury.
There are two types of damages that Florida allows in a wrongful death claim. The first is estate damages. These are the losses suffered by the deceased person’s estate. The other are survivor damages. These are the losses suffered by the deceased's family members.
The total amount a family could recover will depend on several factors. Courts consider the deceased's age, health, earning capacity, life expectancy, and the financial and personal support they provided. While Florida law allows families and estates to recover a wide range of damages, some claims are subject to limitations. For example, wrongful death cases involving medical malpractice may have restrictions on certain non-economic damages, while punitive damages are generally available only in cases involving intentional misconduct or gross negligence.
Family members can seek a range of damages that address the support they received from the deceased. Damages could include the loss of financial support and reimbursement for medical bills. Non-economic damages can include mental pain and suffering and loss of companionship or parental guidance. Families can also seek compensation for their funeral expenses and burial costs. The damages available often depend on the survivor's relationship to the deceased and the facts of the case.
Some damages are recovered on behalf of the deceased person's estate. These may include lost income from the date of injury until death, the value of future savings the deceased likely would have accumulated, reimbursement for medical and funeral expenses paid by the estate, and compensation for conscious pain and suffering experienced before death.
Florida doesn’t allow just anyone to file a wrongful death lawsuit. Only one person, the personal representative of the deceased’s estate, has the legal standing to file the claim. A personal representative is the executor of the estate named in the deceased’s will or the person appointed by the probate court if there was no will. Courts typically follow a priority order when appointing a representative: surviving spouse first, then adult children, then parents or siblings.
While only one person files the wrongful death lawsuit, multiple family members can seek compensation within that claim. Florida’s laws specifically outline who is eligible to seek damages. The surviving spouse has the strongest claim for recovery and is typically given priority over other family member claimants.
Surviving children may also have a claim. However, minor and adult children are treated differently. Florida law defines minor children as under 25 for the purpose of wrongful death claims. Minor children can recover damages. Whether adult children can seek damages will depend on the surviving family structure.
Parents of the deceased individual may recover damages, but it’s restricted. Their rights depend heavily on the circumstances of the death. If the deceased was a minor, then the parents may recover for mental pain and suffering from the date of the injury. If the deceased was an adult with no surviving spouse or children, their parents may recover for mental pain and suffering. Parents of adult children are generally barred from recovering non-economic damages entirely.
Beyond the immediate family, other blood relatives may also be entitled to compensation if they were financially dependent on the deceased at the time of death.
Families have a limited amount of time to file their wrongful death claim. Florida law dictates that the statute of limitations is two years from the date of the person’s death. This doesn’t give very much time to prepare and file a claim. While extensions are available, they are approved only in specific circumstances. It’s important not to depend on these extensions. The majority of wrongful death lawsuits are only accepted within the 2-year period.
After losing a loved one, the last thing many families want to think about is gathering evidence, negotiating with insurance companies, and navigating complicated legal requirements. Unfortunately, wrongful death claims often require all of these steps.
An experienced wrongful death attorney can handle these responsibilities while your family focuses on healing. Your attorney can investigate the circumstances surrounding the death. They can identify all potentially responsible parties and collect important evidence. Their experience can help you determine what damages your family may be entitled to recover.
From medical expenses and funeral costs to the loss of financial support and companionship, the impact of a wrongful death reaches far. The legal team at the Law Office of David I Fuchs helps families throughout Florida seek justice. They are committed to helping families navigate the wrongful death process with compassion, experience, and personalized guidance.
If you are considering a wrongful death claim in Florida, schedule a consultation.
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