When a death occurs from the negligence or intentional act of another party, it can be even more challenging. Jennifer has handled dozens of wrongful death matters in her career & has the experience to help you navigate the legal process after a family member’s wrongful death. She is compassionate during this difficult process and will guide the surviving family members through their legal options. Under Florida Statute §768.119, when a deceased person could have filed suit for their injuries had they survived, a civil claim can be filed on their behalf. In other words, any type of accident that could have given rise to a personal injury lawsuit if the deceased person was alive, could also result in a valid wrongful death claim. The only major difference is that instead of an injured party filing on their own behalf, someone else has to do so. Just as there are numerous potential causes of action for personal injury claims, there are various types of accidents that could give rise to a wrongful death case. High-speed motor vehicle accidents are perhaps the most common sources of fatal injuries caused by negligence in Florida. Also common are: negligent security issues involving violence on a premises, nursing home abuse or neglect, or even workplace accidents justify litigation.

Not Just Anyone Can File a Wrongful Death Action

If the deceased person had a will, the beneficiaries of their estate have the primary right to file a wrongful death lawsuit. In most cases, an estate will empower a personal representative to act on behalf of all beneficiaries. If there is no will, the court will appoint a personal representative to the estate. The personal representative must list each person who may have an interest in the deceased’s estate. These parties may include:

• A living spouse
• Children under 25
• Adult children if there is no living spouse
• Each parent of a deceased minor child
• Each parent of an adult child if there are no other survivors
• Blood relatives who were at least partially dependent on the decedent during the time they were living

Family members or beneficiaries of the deceased who are unsure of their right to file a lawsuit should consult with our experienced Florida wrongful death attorneys.

Establishing Negligence

Wrongful death cases are governed by personal injury law, which means that many of these situations are based on one party’s negligence leading to another person’s death. To prove someone was legally negligent, all the following criteria must apply to a case:

• The defendant being sued owed a duty of care to the deceased individual
• The defendant breached their duty of care by doing something reckless or careless
• As a direct cause of that breach of duty, an accident occurred
• The accident in question directly caused the plaintiff’s death or ultimately fatal injuries

The specific duty of care one person owes another may vary depending on the situation. For instance, every licensed driver owes everyone else on the road owes a duty of care to obey traffic laws and act responsibly while behind the wheel. A landowner of an apartment building or condo development owes a duty to its residents to keep the building safe and secure, especially if management or ownership is aware of previous safety issues. What many of these cases hinge on is demonstrating that a defendant’s breach of duty proximately caused the decedent’s death. Relevant evidence in this regard may include documentary evidence like medical and police reports, forensic evidence like accident scene photos and surveillance camera footage, and testimony from both eyewitnesses and subject matter experts. An attorney experienced in wrongful death matters is key to a successful case.

Statute of Limitations on Wrongful Death Cases is Important!

Those who are considering filing a lawsuit should be aware of the statute of limitations, which is the deadline for filing a lawsuit. In Florida, potential plaintiffs in a wrongful death claim are generally limited to two years from the date of the death in which to file a legal claim, as per Florida Statutes §95.11(4)(d). There are few circumstances under which this statute of limitations can be extended given the nature of this type of case. It should be noted that any wrongful death action for which the defendant would be a state or local government entity would have a four-year statutory filing deadline. That being said, various additional limitations and exceptions may shorten this filing period significantly, depending on the circumstances. Potential plaintiffs who fail to file a claim promptly may lose their right to seek justice and recover any compensation whatsoever from the party responsible for their loved one’s death.

What Are the Damages in a Wrongful Death Case?

Our purpose is to help survivors or beneficiaries receive compensation for their economic and non-economic losses related to the subject death. Depending on the circumstances, parties named in the estate of the deceased may be able to recover damages for loss of companionship, lost income, medical expenses in the lead-up to the death, and funeral expenses. According to state law, the damages available to surviving family members typically revolve around the losses they individually suffered as a result of losing their loved one. In addition to medical, travel, and funeral expenses they had to pay because of their loved one’s accident, they may be also to be able to recover for various lost services and forms of support depending on their relationship with the decedent. Some of these may include:

• Loss of emotional support
• Loss of future income and financial support
• Loss of household services
• Loss of companionship and/or protection
• Loss of consortium
• Emotional pain and suffering

The decedent’s estate, on the other hand, may pursue compensation for various financial losses that the estate holder’s death has caused or will likely cause in the future. These may include loss of work earnings between the date of the decedent’s injury and the date of their death, any medical or funeral expenses the decedent paid out of their own estate, and loss of future appreciation of certain assets and financial instruments. The final verdict for a successful case should state clearly what amounts go to which parties—including both named survivors and the decedent’s estate—for particular damages. Reach out today so we can discuss what I can do for you.