Wrongful Death Lawsuits in Florida

Motor vehicle accidents, medical malpractice, and unsafe premises (including workplaces) take a staggering number of loved ones away from their family members every year. If your family member died and someone else was responsible, you may be eligible for a wrongful death lawsuit. While legal action can’t bring your loved one back, it is a legal remedy to see justice and damages.

What is a Wrongful Death Lawsuit?

Every state has some form of lawful death law on its books. A wrongful death suit is a type of lawsuit presented to a party believed to have caused a death due to their negligence or an intentional act. In the state of Florida, there are several types of accidents that can lead to wrongful death lawsuits, some of the most common being motorcycle accidents, car accidents, and slip and fall injuries. These lawsuits allow the family of a deceased loved one to pursue compensation on the behalf of the deceased’s estate.

When Is Wrongful Death Applicable?

Wrongful death requires two parts: a death and a legal liability by another party. The party may be an individual or organization. In the case of a death in a car accident, the deceased’s survivors may sue the other driver if they were negligent and directly caused the death. If the car accident was the fault of the auto manufacturer or another party, the family might sue the car maker.

Can You File a Wrongful Death Claim?

A wrongful death lawsuit begins when a representative file the lawsuit on behalf of the survivors (family or estate) of the deceased. The person or persons are the “real parties of interest.” People who qualify as real parties of interest differ according to state. The Florida Wrongful Death Act allows the following relatives to file a wrongful death claim:

• Spouse
• Children
• Parents
• Dependent blood relatives
• Dependent adoptive siblings
• Children born out of wedlock to a mother
• Children born out of wedlock to a father (if it can be shown that the father accepted responsibility for the child)

Florida law refers to these relatives as survivors, and they may receive compensation to cover funeral and burial costs, medical expenses, the decedent’s pain and suffering, loss of services, loss of financial support, loss of companionship, loss of parental guidance and other expenses. If you qualify as a survivor, the wrongful death statute of limitations in Florida is two years after the day of deceased’s death.

What Kind of Damages Can You Seek in a Wrongful Death Claim?

The damages one may seek in a wrongful death claim vary, but most commonly include:

• The pain and suffering experienced by the deceased before succumbing to their injuries.
• The medical costs incurred by the deceased as a result of their injuries prior to their death.
• Funeral Costs.
• The loss of the deceased individual’s expected income or potential lost wages.
• The loss of care or guidance that the deceased would have provided had they not succumbed to the accident.
• Loss of companionship due to the loss of the deceased.
• The value of services that the deceased would have provided.

Was Your Loved One the Victim of a Wrongful Death?

If you have lost someone you love, it’s very important to consult with an experienced wrongful death lawyer who can file your case. Florida wrongful death cases have a statute of limitations of just two years. These cases can be notoriously complex as well, as there are several complicated issues like intent to remarry or divorce, adopted children and posthumous children. While no amount of money will bring back your loved one, a wrongful death lawsuit will put the blame where it belongs and help your family get through a financially troubling time in your lives. Contact us today at 786 Lawyers for a free consultation!