Florida’s Wrongful Death Act
Under common law, a legal claim for personal injuries resulting from death of an individual was not available after the death of that individual. Today, however, each of the fifty states has a wrongful death statute or law that allows the survivors of a personal injury victim who has since died to recover compensation from the at fault party. At the time when wrongful death laws were first enacted in states, the amount of recovery available was very limited. Recovery in Florida under today’s wrongful death statute provides an opportunity to recover by the deceased victim’s estate even if the deceased victim was an adult, had no spouse, or had no children or only adult children. In a wrongful death action in Florida, survivors may include the decedent’s spouse, children, parents, and any blood relatives and adoptive brothers and sisters who are partially or entirely dependent on the decedent for support and care. In this blog post, we will discuss Florida’s wrongful death act and how it functions.
Wrongful Death Laws in Florida
While wrongful death laws vary from state to state, most statutes contain four basic elements: The death of the decedent or victim which was caused in whole or in part by, or can be attributed to, the Defendant (or responsible party); The Defendant intentionally caused or was negligent or is strictly liable for the descendant’s death; There is a surviving spouse, children, dependents or beneficiaries of the decedent; and Damages or injuries have resulted from the death of the decedent. As the first element states, a wrongful death action must be based on a wrongful act or negligent conduct. A personal injury case founded on negligence is based on common law principles while a recovery under the theory of wrongful death is based on the wrongful death act. A negligence action requires injury but not death. A wrongful death action requires the death of a human being. Moreover, a negligence action accrues at the time of the actual accident that gives rise to the personal injury while a wrongful death action accrues at the time of death. Finally, the compensation award in a negligence action favors the personal injury victim while compensation awarded in a wrongful death action favors the survivors of the deceased personal injury victim.
Speak with a Wrongful Death Lawyer in South Florida Today!
When you are contemplating filing a wrongful death lawsuit, it is a good idea to sit down and conduct some research in order to make sure that you are selecting the right attorney for your case. You have to make sure that the attorney you are going to hire for your wrongful death lawsuit is experienced in handling wrongful death cases. This is because wrongful death cases may require compliance with notice provisions, deadlines, statute of limitation, and more procedural requirements. Because of the complicated nature of wrongful death actions, it is vital that you seek the assistance of a personal injury attorney. The good news is that at Suarez & Montero, we offer free initial legal consultations. After an accident, there is no time to waste. An attorney can assist you by investigating all of the details of your wrongful death case, talking to medical professionals, obtaining necessary evidence to prove your case, negotiating with insurance companies and individuals, and preparing your case as if it’s going to trial. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights and the rights of your loved ones. We are available 24/7 to give you a free, no risk case consultation! At our firm, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accidents and incidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
