Wrongful Death FAQs

Frequently Asked Questions About Wrongful Death in Florida

What is wrongful death?

Wrongful death occurs when a person dies due to someone else’s negligence. It might occur due to a car accident, medical malpractice, a construction accident, a dangerous property, or a criminal or intentional act.

Who can file a wrongful death lawsuit in Florida?

In Florida, the personal representative of the deceased person’s estate can file for a wrongful death lawsuit on behalf of the eligible survivors, including spouses, children, parents, and other dependent relatives.

Is there a statute of limitations for wrongful death claims in Florida?

You must file a wrongful death lawsuit within two years from the date of death. Failure to file within this period can cause you to lose the right to seek compensation.

How is negligence proven in a wrongful death case in Florida?

To prove negligence in a wrongful death case, you and your attorney must show that the defendant owed a duty of care to the deceased, and that the defendant breached that duty. Furthermore, a wrongful death claim in Florida must also show that this breach of duty (negligence or carelessness) directly caused the decedent’s death.

Depending on the details of the fatal incident, you and your attorney may use evidence such as medical records of the decedent (the person who died), vehicle damage, or other evidence demonstrating how and why the events occurred as they did — highlighting the role of the defendant’s carelessness in causing the death. This might involve some combination of accident reconstruction, records demonstrating distracted or impaired driving, or witness testimony.

What damages might be recovered in a wrongful death claim in Florida?

A wrongful death claim may seek damages (financial compensation for injuries or losses) for medical and funeral expenses, loss of income, loss of companionship, and mental pain and suffering. Each case is different, and an experienced Florida wrongful death attorney can guide you.

How is potential compensation from a wrongful death claim distributed among survivors in Florida?

Compensation from a successful wrongful death claim is distributed based on the relationship to the deceased and the extent of the survivors’ damages. The court oversees the distribution to ensure fairness.

Do I need a lawyer to file a wrongful death claim in Florida?

While not legally required, hiring an experienced wrongful death lawyer provides invaluable assistance when navigating the complex legal process of fighting for compensation and justice for your loved one.