Losing a loved one is devastating, but when their death results from another persons negligence or misconduct, the grief is often compounded by a sense of injustice. In Florida, the legal system provides a path for surviving family members to seek compensation by filing a wrongful death claim. These lawsuits can help cover financial losses, provide a sense of accountability, and offer some relief during a difficult time.

If you are thinking about filing a wrongful death claim in Florida, understanding the legal process, eligibility requirements, and potential compensation is essential. This guide outlines the steps involved, eligibility criteria, and key legal considerations to help you navigate this complex legal matter.

Who Can File a Wrongful Death Claim in Florida?

Florida's Wrongful Death Act (Fla. Stat. § 768.16) specifies that only the personal representative of the deceased's estate can file a wrongful death lawsuit. This representative is typically named in the deceased's will or estate plan. If no representative was appointed, the court may designate one.

The lawsuit is filed on behalf of surviving family members, which may include:

• The spouse of the deceased
• Children of the deceased
• Parents of a deceased minor child
• Other blood relatives or adoptive siblings that were financially dependent on the deceased

Unlike some states, Florida does not allow distant relatives or close friends to file a wrongful death claim unless they are specifically named as beneficiaries of the estate.

Grounds for a Wrongful Death Lawsuit in Florida

To establish a strong wrongful death claim, the plaintiff will need to prove that the death resulted from another party's negligence, recklessness, or intentional misconduct. Some of the leading causes of wrongful death claims in Florida are:

• Car accidents: caused by a negligent or impaired driver
• Medical malpractice surgical errors, misdiagnoses, or medication mistakes
• Workplace accidents: hazardous industries like construction
• Defective products: leading to fatal injuries
• Criminal acts: including assault or homicide
• Nursing home: neglect or abuse

A successful claim must demonstrate that the defendant owed the deceased a duty of care, breached that duty through negligence or misconduct, and that the breach was the direct cause of the person's death.

How to File a Wrongful Death Claim in Florida

1. Identify the Personal Representative

Since Florida law requires that a wrongful death claim be filed by the estate's personal representative, the first step is determining who holds that legal authority. If the deceased had an estate plan, the personal representative should be identified in their will or trust. If not, the court may appoint a qualified family member.

2. Gather Evidence and Establish Liability

To build a strong case, the personal representative and their attorney must gather substantial evidence, including:

• Accident reports (police reports, workplace incident reports, etc.)
• Medical records detailing the cause of death
• Witness statements
• Surveillance footage or photographs
• Expert testimony, such as medical or accident reconstruction specialists

The goal is to prove that the defendant's actions directly led to the fatality and that the surviving family members suffered damages as a result.

3. Determine the Damages

Florida allows eligible family members to seek compensation for:

• Medical expenses incurred before death
• Funeral and burial costs
• Lost income and benefits, including future earnings the deceased would have provided
• Loss of companionship, support, and guidance
• Mental and emotional suffering experienced by the survivors

The total compensation depends on various factors, including the deceased's age, earning capacity, and the financial and emotional impact on the survivors.

4. File the Lawsuit Within the Statute of Limitations

Under Florida's wrongful death statute of limitations (Fla. Stat. § 95.11(4)(d)), a wrongful death lawsuit must be filed within two years from the date of death.

Exceptions may apply in cases involving:

• Homicide or murder, where the statute of limitations may be extended
• Medical malpractice, which may have different filing deadlines based on discovery of the negligence

Filing outside the statute of limitations can result in the case being dismissed, making it essential to act quickly.

5. Negotiate or Proceed to Trial

Most wrongful death cases in Florida are settled outside of court through negotiations with the defendant's insurance company or legal team. An experienced wrongful death attorney can advocate for a fair settlement that accounts for all damages.

However, if a settlement can't be reached, the case might proceed to trial, where a judge or jury is going to determine liability and compensation.

Comparative Negligence in Florida Wrongful Death Cases

Florida follows a comparative negligence system, meaning that if the deceased was partially at fault for their own death, the total compensation may be reduced. For example, if the deceased was found 30% responsible in a car accident, the total award would be reduced by 30%.

This factor underscores the importance of strong legal representation to counter any claims of shared fault and maximize compensation for the survivors.

How a Lawyer Can Help

A wrongful death lawsuit is complex, requiring detailed legal knowledge, extensive evidence gathering, and strong negotiation skills. An attorney can assist by:

• Investigating the case and identifying liable parties
• Handling legal filings and deadlines
• Negotiating with insurance companies
• Advocating in court if a settlement cannot be reached

Many wrongful death lawyers in Florida work on a contingency fee basis, meaning that clients do not pay unless they win.

Conclusion

Filing a wrongful death claim in Florida is a legal process designed to hold negligent parties accountable while providing financial support to surviving family members. Since only the personal representative of the deceased's estate can file the lawsuit, it is important to determine legal standing early. Building a strong case requires thorough evidence collection, establishing liability, and adhering to strict statute of limitations deadlines.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.