Understanding Florida Wrongful Death Laws: A Comprehensive Guide

Navigating the legal landscape after the loss of a loved one is incredibly challenging. In Florida, wrongful death laws are designed to provide a measure of justice and financial relief for families who have lost someone due to another party’s negligence or misconduct. Understanding these laws is crucial for those seeking to pursue a wrongful death claim. This guide delves into the intricacies of Florida’s wrongful death statutes, offering clarity and direction during an undoubtedly difficult time.

The Foundation of Florida Wrongful Death Laws

Florida’s wrongful death statutes are grounded in the principle that individuals and entities should be held accountable for actions that result in the death of another. These laws are codified in the Florida Wrongful Death Act, which stipulates that a wrongful death claim can be filed when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of any party. This legal framework aims to shift the financial burden of the deceased’s passing from the surviving family members to those responsible for the death.

The primary goal of wrongful death laws is to compensate the survivors for their losses. These can include both economic damages, such as lost wages and medical expenses, and non-economic damages, such as pain and suffering, emotional distress, and loss of companionship. The Florida Wrongful Death Act outlines specific guidelines on who can file a claim and what types of damages can be recovered.

Who Can File a Wrongful Death Claim in Florida?

In Florida, the right to file a wrongful death claim is typically reserved for the personal representative of the deceased’s estate. This representative is usually named in the deceased’s will or estate plan. If no such representative is designated, the court may appoint one. The personal representative files the claim on behalf of the deceased’s surviving family members, who are the beneficiaries.

Eligible beneficiaries can include the deceased’s spouse, children, and parents. Additionally, any blood relatives or adoptive siblings who were partially or wholly dependent on the deceased for support or services may also be considered beneficiaries. Each of these parties may be entitled to recover damages based on their relationship to the deceased and the nature of their losses.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Types of Damages Recoverable in a Florida Wrongful Death Case

Understanding the types of damages that can be recovered is essential for anyone pursuing a wrongful death claim. Florida law permits the recovery of several categories of damages, which are designed to address both the tangible and intangible impacts of the loss.

Economic damages encompass the financial contributions the deceased would have made to the family, including lost wages and benefits. These damages also cover medical and funeral expenses incurred as a result of the death. Additionally, survivors may seek compensation for the value of services and support the deceased provided, such as household chores, childcare, and guidance.

Non-economic damages, though harder to quantify, are equally significant. These damages address the emotional and psychological impacts of the loss. For instance, the surviving spouse may recover for the loss of companionship and protection, while children may receive compensation for lost parental guidance and instruction. Parents of a deceased minor child can also seek damages for mental pain and suffering.

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Statute of Limitations for Filing a Wrongful Death Claim

Time is of the essence when filing a wrongful death claim in Florida. The state imposes a statute of limitations that sets a deadline for initiating legal action. Generally, the personal representative must file the wrongful death claim within two years of the date of death. Failing to file within this period typically results in the forfeiture of the right to pursue compensation.

There are, however, certain exceptions to this rule. For instance, if the wrongful death was the result of medical malpractice, the statute of limitations might be extended under specific circumstances. Additionally, cases involving fraud or concealment by the responsible party might also warrant an extension. It is crucial to consult with a knowledgeable attorney to understand the applicable deadlines and ensure timely filing.

Establishing Liability in a Wrongful Death Case

Proving liability in a wrongful death case requires a thorough understanding of the legal standards and a meticulous approach to evidence gathering. The plaintiff must demonstrate that the defendant’s actions or omissions directly caused the death. This involves establishing four key elements: duty of care, breach of duty, causation, and damages.

First, the plaintiff must show that the defendant owed the deceased a duty of care. This duty varies depending on the nature of the relationship between the parties. For example, drivers have a duty to operate their vehicles safely, while medical professionals have a duty to provide competent care to their patients.

Second, it must be proven that the defendant breached this duty of care. This breach could involve actions that a reasonably prudent person would not take under similar circumstances, or the failure to take actions that a reasonably prudent person would have taken. Examples include reckless driving, medical negligence, or failure to maintain safe premises.

Third, causation must be established. The plaintiff must demonstrate that the breach of duty directly caused the death. This often requires testimony and comprehensive evidence to connect the defendant’s actions to the fatal outcome.

Finally, the plaintiff must show that the death resulted in quantifiable damages. This encompasses both the economic and non-economic losses suffered by the survivors.

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The Role of Comparative Negligence in Florida Wrongful Death Cases

Florida follows a modified comparative negligence rule, which can impact the damages awarded in a wrongful death case. An injured party can recover damages as long as their percentage of fault does not exceed 50%. Under this rule, if the deceased is found to have been partially responsible for the incident that led to their death, the damages awarded to the survivors may be reduced proportionally. For example, if the deceased is determined to be 30% at fault, the compensation awarded would be reduced by 30%.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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The Litigation Process in a Florida Wrongful Death Case

The litigation process in a wrongful death case involves several stages, each requiring careful preparation and strategic decision-making. After filing the claim, the discovery phase begins, during which both parties gather evidence, depose witnesses, and build their cases. This phase is critical for uncovering the facts and establishing the strengths and weaknesses of each side’s arguments.

Mediation or settlement negotiations often follow the discovery phase. Many wrongful death cases are resolved through settlements, which can provide a quicker resolution and avoid the uncertainties of a trial. However, if a fair settlement cannot be reached, the case proceeds to trial. During the trial, both sides present their evidence and arguments, and a judge or jury determines the outcome based on the merits of the case.

Throughout this process, the plaintiff’s attorney plays a vital role in advocating for the survivors’ interests, presenting compelling evidence, and ensuring that the legal standards for proving wrongful death are met. The goal is to secure a just outcome that reflects the extent of the losses suffered by the family.

Emotional and Psychological Considerations for Survivors

Pursuing a wrongful death claim is not just a legal endeavor; it is also an emotional journey. The loss of a loved one is deeply traumatic, and the legal process can add to the stress and emotional burden. It is important for survivors to seek support and take care of their mental health during this time.

Many families find solace in counseling or support groups where they can share their experiences and receive emotional support from others who have faced similar losses. Additionally, working with a compassionate and understanding attorney can help ease the burden, providing reassurance and guidance throughout the legal process.

Choosing the Right Legal Representation

Selecting the right attorney is crucial for navigating a wrongful death case successfully. Families need an attorney who is not only knowledgeable about Florida’s wrongful death laws but also empathetic to their situation. An attorney should provide clear communication, personalized attention, and a commitment to achieving the best possible outcome for the survivors.

When choosing a law firm, it is beneficial to consider their track record in handling wrongful death cases, their approach to client care, and their reputation in the legal community. A dedicated attorney will take the time to understand the unique aspects of the case, offer informed advice, and tirelessly advocate for the family’s rights.

Fighting for the Justice You and Your Loved One Deserve

If you have lost a loved one due to another’s negligence or misconduct, understanding your rights and the legal remedies available to you is the first step toward achieving justice. While no amount of compensation can truly make up for your loss, pursuing a wrongful death claim can provide financial support and hold those responsible accountable for their actions.

At Serrano Law, we are committed to guiding you through this difficult journey with compassion and experience. Our team is here to answer your questions, explain your options, and fight for the justice your loved one deserves. Contact us today to schedule a consultation and take the first step toward securing the compensation you need to rebuild your life.