What Qualifies as a Wrongful Death Claim in Florida?
Losing a loved one is painful enough. When that loss happens because someone else acted carelessly or recklessly, the grief can be worsened by anger, confusion, and financial uncertainty. Florida law offers families a path to hold negligent parties accountable through a wrongful death claim. However, not every situation qualifies, and understanding the law can help you decide whether you have grounds to meet with a wrongful death attorney. Let’s take a look at what qualifies as a wrongful death claim and how to start the filing process.
What Is Wrongful Death?
In Florida, a wrongful death occurs when a person dies because of the “wrongful act, negligence, default, or breach of contract or warranty” of another party. In plain terms, if someone’s careless or intentional conduct causes a death, the surviving family members may have the right to seek compensation. Importantly, a wrongful death claim is a civil action, not a criminal one. A person can be found liable in a wrongful death case even if they were never charged with a crime.
What You Need to Prove a Wrongful Death Claim
Proving a wrongful death claim isn’t always easy. In most situations, you and your wrongful death lawyer will need to establish these elements for a successful case:
- Breach of Duty of Care—The defendant owed it to the deceased to act with reasonable care and failed to do so.
- Causation—That breach of the duty of care directly caused the death.
- Damages—The death resulted in measurable losses, such as funeral expenses, lost income, or loss of companionship.
What Can Lead to a Wrongful Death Claim?
Wrongful death claims can arise from a wide range of circumstances. Some of the most common include:
- Car and truck accidents
- Motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Slip-and-fall accidents
Who Can File a Wrongful Death Claim in Florida?
Florida law has specific rules about who can bring a wrongful death claim. In short, the lawsuit must be filed by the personal representative of the deceased person’s estate. This individual is either named in the deceased’s will or appointed by the court. The personal representative is eligible to file a claim on behalf of surviving family members, such as:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
- Other blood relatives or adoptive siblings who were financially dependent on the deceased
What Kinds of Damages Might I Collect?
Compensation is meant to address two things: the financial toll and the emotional aspect of the loss. Damages are usually recoverable either by the surviving family members or by the estate. Those forms of compensation might include:
- Loss of support and services the deceased provided
- Loss of companionship, guidance, and protection
- Mental pain and suffering
- Medical and funeral expenses paid by a family member
- Lost wages and benefits the deceased would have earned
- Medical and funeral expenses charged to the estate
Don’t Wait to Start the Claims Process
In Florida, wrongful death causes have a strict statute of limitations. Families usually have two years after their loved one’s death to file. While there are exceptions, acting quickly protects your legal rights. The sooner an investigation begins, the easier it is to gather evidence, locate witnesses, and build a strong case. Because wrongful death law involves complex procedures, rules, and tight deadlines, it’s in your best interest to work with someone experienced in wrongful death cases, such as a personal injury or slip-and-fall accident lawyer.
Start Working Toward Compensation Today
No legal claim can undo the loss of someone you love. But holding a negligent party accountable can ease the financial burden your family faces and provide a measure of closure. If you believe a loved one’s death resulted from another person’s negligence, you don’t have to navigate this process alone. J Johnson Law Firm, PLLC is here to help you build a strong case and work toward the compensation you need. Get in touch with our St. Augustine, FL team today to schedule a free consultation.
FAQs For a Wrongful Death Attorney
What’s the Difference Between a Wrongful Death Claim and a Criminal Case?
A wrongful death claim is a civil action brought by surviving family members to recover financial compensation. In contrast, a criminal case is brought by the state to punish a defendant for breaking the law.
How Long Do I Have to File a Wrongful Death Claim?
In most cases, you have two years from the date of the person’s death to file. Certain exceptions may apply, so it’s best to consult an attorney as soon as possible.
Can I File a Wrongful Death Claim Myself?
Under Florida law, the wrongful death claim must be filed by the personal representative of the deceased’s estate. However, the claim is pursued on behalf of all eligible surviving family members.
How Much Is a Wrongful Death Claim Worth?
There’s no fixed amount, and the value depends on factors such as the deceased’s income, age, the relationship to surviving family members, and the financial and emotional losses.
Do Most Wrongful Death Cases Go to Trial?
Many wrongful death cases settle out of court. However, if we can’t reach a fair settlement, the case may proceed to trial.
