Losing a loved one because of someone else’s negligence is one of the most painful experiences a family can go through. On top of the grief, families are often left facing funeral costs, lost income, and unanswered questions about how this happened.
Understanding what to expect from a Florida wrongful death claim can help ease some of that uncertainty during an already difficult time.At Rosen Injury Law, we’ve guided families through wrongful death claims for over 20 years and have helped our clients secure maximum compensation.
If you have lost a loved one due to another party’s fault, our Fort Lauderdale wrongful death lawyers want to help you. Call us today at (954) 787-1500 or visit our contact page to schedule your free consultation.
What Is A Wrongful Death in Florida?
Under Florida Statute § 768.19, a wrongful death occurs when a person dies because of another party’s wrongful act, negligence, default, or breach of contract or warranty. In practical terms, this means that if your loved one had the right to file a personal injury lawsuit had they survived, their estate can file a wrongful death claim instead.
Wrongful death claims arise from a wide range of situations, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Premises liability incidents, such as falls or inadequate security
- Defective products
- Workplace accidents
Who Can File a Wrongful Death Claim in Florida?
Only the deceased person’s personal representative can bring a wrongful death claim, as outlined in Florida Statute § 768.20.
The personal representative is typically named in the deceased’s will. If there is no will, the probate court appoints someone to serve in that role. Before a wrongful death lawsuit can move forward, the probate court must formally appoint the personal representative.
Although the personal representative is technically the one who files the lawsuit, they are filing on behalf of the estate and the decedent’s surviving family members, known under the statute as “survivors.” Florida law requires that all potential beneficiaries be specifically identified in the complaint, along with their relationship to the decedent.
Who Qualifies as a Survivor in a Florida Wrongful Death Claim?
Florida Statute § 768.21 outlines which family members may recover damages. They are:
- The surviving spouse
- The decedent’s minor children
- The decedent’s adult children, if there is no surviving spouse
- The decedent’s parents, if there are no other surviving family members
- The decedent’s estate
In wrongful death cases arising from medical malpractice, Florida law restricts certain damages. Under § 768.21(8), adult children cannot recover for lost companionship or mental pain and suffering in medical malpractice cases, and parents of an adult child cannot recover for mental pain and suffering either. These restrictions are unique to malpractice claims and do not apply to wrongful death cases arising from car accidents, premises liability, or most other types of negligence.
What Damages Can You Recover in a Florida Wrongful Death Claim?
Florida wrongful death claims allow for both economic and non-economic damages, divided between the survivors and the estate
Survivors may recover:
- Lost support and services the decedent would have provided, both before and after death
- Loss of companionship, protection, instruction, and guidance, depending on the survivor’s relationship to the decedent
- Mental pain and suffering, for eligible survivors
The estate may recover:
- Medical expenses related to the decedent’s final injury or illness
- Funeral and burial expenses
- Lost earnings from the date of injury to the date of death
- Loss of prospective net accumulations the decedent’s estate would likely have gained had they lived
How Long Do You Have to File?
Florida law generally requires a wrongful death claim to be filed within two years of the date of death, under Florida Statute § 95.11(5)(e). If the claim isn’t filed before this deadline passes, the family’s right to pursue compensation will be lost.
Because the probate court must formally appoint the personal representative before filing, and because investigating a wrongful death claim takes time, it’s important to begin the legal process as soon as possible rather than waiting.
What Happens After You File a Florida Wrongful Death Claim?
Each wrongful death case is unique. However, you can typically expect the following steps to be taken.
- Investigation. Your attorney gathers evidence establishing how the death occurred and who is responsible, including police reports, medical records, witness statements, and expert opinions when necessary.
- Identifying all beneficiaries. The personal representative, with the help of an attorney, must identify every eligible survivor and their relationship to the decedent.
- Negotiation. Many wrongful death claims are resolved through settlement negotiations with the at-fault party’s insurance company.
- Litigation, if necessary. If a fair settlement can’t be reached, the case may proceed to trial, where a jury will determine liability and damages.
- Distribution of compensation. Any settlement or verdict is distributed among the eligible survivors and the estate in accordance with Florida law, and in many cases, the distribution plan requires court approval.
Why You Need an Experienced Wrongful Death Attorney
Wrongful death cases involve legal requirements that don’t apply to standard personal injury claims. An experienced wrongful death attorney can:
- Help your family navigate the personal representative appointment process
- Identify every eligible survivor and the damages available to each
- Investigate the circumstances of your loved one’s death thoroughly
- Negotiate aggressively with insurance companies on your family’s behalf
- Take the case to trial if a fair resolution can’t be reached
Talk to a Florida Wrongful Death Attorney
No amount of compensation can replace the loss of a loved one, but pursuing a wrongful death claim can help provide financial stability for your family and hold the responsible party accountable. At Rosen Injury Law, we bring more than 20 years of experience and over $125 million recovered for our clients to every case we take on.
We handle wrongful death claims on a contingency fee basis, which means your family pays nothing up front, and we only get paid if we recover compensation for you. Call us at (954) 787-1500 or complete the short form on our contact page to schedule your free consultation.