Personal Injury
Florida Wrongful Death Attorney
Florida Wrongful Death Act — Survivors' Claims and Estate Recovery
The death of a family member caused by another's negligence is among the most devastating losses a family can experience. Florida's Wrongful Death Act gives surviving family members and the estate the right to seek compensation for their losses. These cases require careful attention to who can bring a claim, what damages are available, and the applicable deadlines.
Who Can Bring a Wrongful Death Claim in Florida?
Under Florida's Wrongful Death Act (Fla. Stat. § 768.16 et seq.), a wrongful death action is brought by the personal representative of the deceased's estate on behalf of the estate and the surviving family members. Surviving family members who may recover include: the surviving spouse; children of the deceased; parents of the deceased (in certain circumstances); and other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased. The specific damages available to each survivor depend on their relationship to the deceased and the circumstances of the case.
What Damages Can Be Recovered in a Wrongful Death Case?
Florida's Wrongful Death Act provides for several categories of damages. The estate may recover: medical and funeral expenses; lost earnings from the date of injury to the date of death; and the value of lost prospective net accumulations (future earnings the deceased would have accumulated). Surviving family members may recover: loss of support and services (the financial and practical contributions the deceased made to the family); loss of companionship and protection (for spouses and minor children); mental pain and suffering (for surviving spouses and minor children); and loss of parental companionship, instruction, and guidance (for minor children). The damages available depend on the specific facts and the relationships involved.
Negligence and Causation in Wrongful Death Cases
A wrongful death claim requires proof that the defendant's negligence caused the death. This means establishing: that the defendant owed a duty of care to the deceased; that the defendant breached that duty; that the breach caused the death; and that the survivors and estate suffered damages as a result. Common causes of wrongful death include car accidents, truck accidents, medical malpractice, premises liability incidents, negligent security, and product defects.
Statute of Limitations for Wrongful Death Claims
Florida's statute of limitations for wrongful death claims is generally two years from the date of death. This deadline is strictly enforced — missing it can permanently bar the claim. In cases involving medical malpractice or other specialized claims, different limitations periods and pre-suit requirements may apply. Consult an attorney promptly to ensure your rights are preserved.
Wrongful Death and Insurance Coverage
In many wrongful death cases, the primary source of recovery is the defendant's liability insurance. In car accident cases, the at-fault driver's bodily injury liability coverage and the family's own uninsured motorist coverage may both be relevant. In premises liability cases, the property owner's general liability insurance is typically the primary source of recovery. An attorney can help identify all available insurance coverage and pursue the maximum recovery for the family.
Frequently Asked Questions
What damages can be recovered in a wrongful death case?
Florida's Wrongful Death Act provides for recovery of medical and funeral expenses, lost earnings, and lost prospective net accumulations by the estate. Surviving family members may recover loss of support and services, loss of companionship and protection, and mental pain and suffering. The specific damages available depend on the relationship between the survivor and the deceased and the circumstances of the case.
Who can bring a wrongful death claim in Florida?
A wrongful death action is brought by the personal representative of the deceased's estate on behalf of the estate and the surviving family members. Surviving family members who may recover include the surviving spouse, children, and in some circumstances parents and other dependents. An attorney can help identify who is entitled to bring a claim and what damages each survivor may recover.
How long do I have to bring a wrongful death claim in Florida?
Florida's statute of limitations for wrongful death claims is generally two years from the date of death. This deadline is strictly enforced. In cases involving medical malpractice or government defendants, different rules and pre-suit requirements may apply. Consult an attorney as soon as possible to preserve your rights.
Can I bring a wrongful death claim if the deceased was partly at fault?
Florida's modified comparative negligence rule applies to wrongful death cases. If the deceased was partly at fault, the recovery is reduced by the deceased's percentage of fault. If the deceased was more than 50% at fault, recovery may be barred. An attorney can evaluate the facts and advise you on how comparative fault may affect your case.
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