The loss of a loved one is an immeasurable tragedy, one that leaves a void that can never truly be filled. When that loss is due to the negligence or misconduct of another party, the pain is compounded by a sense of injustice. In Florida, the law provides a mechanism through which surviving family members can seek compensation and justice through a wrongful death claim. Understanding who can file such a claim, the grounds for filing, and the potential outcomes are crucial steps in navigating this complex and emotional legal process.
Who Is Eligible to File a Wrongful Death Claim in Florida?
In the state of Florida, not just anyone can file a wrongful death claim. The Florida Wrongful Death Act stipulates that only the personal representative of the deceased person’s estate has the legal standing to initiate a wrongful death lawsuit. The personal representative, often named in the deceased’s will or appointed by the court if no will exists, acts on behalf of the deceased’s estate and surviving family members.
Family Members Entitled to Compensation
While the personal representative files the claim, the compensation awarded from a successful wrongful death lawsuit is distributed to the deceased’s surviving family members. Florida law identifies specific relatives who are eligible to receive compensation. These 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 eligible.
The surviving spouse is typically the primary beneficiary in wrongful death cases. They are entitled to compensation for the loss of companionship and protection, as well as for the mental pain and suffering caused by the wrongful death. Minor children of the deceased (defined as those under 25 years of age) are also eligible for compensation for lost parental companionship, instruction, and guidance, along with their own mental pain and suffering. Adult children may be entitled to compensation if there is no surviving spouse. Parents of a deceased minor child can seek compensation for mental pain and suffering. If the deceased was an adult child with no surviving spouse or minor children, the parents may still have a claim for compensation.
Founding Attorney Associate Attorney
Michael Serrano
Candace “Cea” Hartley
Grounds for Filing a Wrongful Death Claim
To successfully pursue a wrongful death claim in Florida, it must be demonstrated that the death was caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. This encompasses a wide range of situations, including medical malpractice, automobile accidents, workplace accidents, defective products, and criminal acts. The key element is that the death must have been preventable and directly caused by the actions or inactions of the defendant.
Establishing Negligence or Misconduct
Proving negligence or misconduct is a critical component of a wrongful death claim. This typically involves demonstrating that the defendant owed a duty of care to the deceased, that this duty was breached, and that the breach directly resulted in the death. For instance, in a medical malpractice case, it must be shown that the healthcare provider failed to meet the accepted standard of care, resulting in the patient’s death. In an automobile accident case, it must be demonstrated that the at-fault driver was negligent, perhaps by speeding, driving under the influence, or disregarding traffic laws, and that this negligence caused the fatal accident.
Types of Damages Recoverable
In a wrongful death claim, the types of damages that may be recovered can vary, but they generally include economic and non-economic damages.
Economic damages refer to tangible financial losses resulting from the death. These include medical expenses incurred prior to the death, funeral and burial costs, loss of the deceased’s earnings and benefits, and loss of inheritance. Non-economic damages, on the other hand, encompass the intangible losses that the surviving family members suffer. These include the loss of companionship, guidance, and protection, as well as the mental and emotional pain and suffering endured by the survivors.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
Statute of Limitations
It is important to be aware of the statute of limitations for filing a wrongful death claim in Florida. Generally, the personal representative must file the lawsuit within two years from the date of death. There are exceptions to this rule, such as in cases involving intentional acts where the statute of limitations may be extended. However, failing to file within the prescribed time frame typically results in the loss of the right to seek compensation. This makes it crucial to act promptly and consult with an experienced wrongful death attorney as soon as possible after the death occurs.
The Role of a Wrongful Death Attorney
Navigating a wrongful death claim is a complex and emotionally charged process that requires a deep understanding of Florida’s legal system and wrongful death statutes. A knowledgeable wrongful death attorney can provide invaluable assistance by guiding the personal representative through each step of the legal process. This includes conducting a thorough investigation to gather evidence, identifying all potentially liable parties, calculating the full extent of damages, and negotiating with insurance companies or representing the family in court if necessary.
Case Results
Pursuing Justice and Closure
While no amount of compensation can truly make up for the loss of a loved one, a successful wrongful death claim can provide the surviving family members with a sense of justice and financial security during a challenging time. The compensation awarded can help cover the immediate financial burdens resulting from the death and provide long-term support for those who were dependent on the deceased. Additionally, holding the responsible parties accountable can bring a measure of closure and prevent similar tragedies from occurring to others in the future.
Getting the Justice You and Your Loved One Deserve
If you have lost a loved one due to the negligence or misconduct of another party, you may be entitled to seek justice and compensation through a wrongful death claim. At Serrano Law, we understand the profound impact such a loss can have on your life. Our compassionate and dedicated team is here to support you through this difficult time. We will work tirelessly to investigate your case, identify all liable parties, and pursue the maximum compensation available to you. Don’t wait to take action — contact Serrano Law today for a confidential consultation and let us help you navigate this challenging journey towards justice and healing.