Who is Eligible in a Wrongful Death Claim?
Under the Florida Wrongful Death Act, specific criteria determine who may file a wrongful death claim and the rights of beneficiaries.
Who Can File?
According to the Wrongful Death Act, the personal representative of the deceased’s estate has the responsibility of filing the wrongful death claim. This personal representative can be named in the deceased’s will or estate plan. If there is no will, the court may appoint a personal representative.
Who Can Sue for Wrongful Death?
Per state laws, to have standing to pursue a wrongful death lawsuit, you must be a designated beneficiary, which typically includes immediate family members such as:
- Spouse: The deceased’s legally married partner at the time of death
- Children: The deceased’s biological or legally adopted children, including minors and adult children
- Parents: The biological or adoptive parents if the deceased has no spouse or children
- Relatives: Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased
The Rights of Beneficiaries
Beneficiaries in a wrongful death action can claim specific damages:
- Spouse: Loss of companionship and protection, and for mental pain and suffering
- Children: Loss of parental companionship, instruction, and guidance and for mental pain and suffering
- Parents: For mental pain and suffering if no other beneficiaries exist
- Others: May recover the value of lost support and services depending on their relationship to the deceased
In a wrongful death settlement, the court allocates damages to the family member beneficiaries as it deems fair, considering the unique circumstances of the wrongful death case.
Examples of Wrongful Death Claims in a Florida Wrongful Death Lawsuit
Car Accident
- A drunk driver collides with a vehicle, leading to the victim’s death. The surviving spouse and children may file a wrongful death claim for lost support, medical expenses, burial costs, and emotional distress.
- A surgeon makes a fatal error during surgery, leading to someone’s death. The deceased’s estate and surviving family members can seek compensation for medical bills, lost wages, and pain and suffering.
- An elderly individual trips and falls on a poorly maintained sidewalk, leading to the person’s death. Their children can pursue a wrongful death claim against the property owner for negligence and lost companionship.
- A faulty airbag deploys improperly in a car accident, causing the victim’s death. The family can claim damages against the manufacturer for the defective product and the death caused by it.
Negligent Security
- A security guard fails to detain a trespasser who assaults and kills a resident in an apartment complex. The victim’s family may sue the property owner for security negligence and consequential loss of life. Keep in mind, wrongful death cases are civil cases, not criminal cases, though in this example, a person dies because of a criminal act.
These are just a few examples of wrongful death claims. The specific details of each case determines the validity and potential outcome of a wrongful death suit. Are you seeking to file a wrongful death claim following the death of a loved one due to another’s negligence? Consult a qualified wrongful death attorney with extensive knowledge and experience in wrongful death cases if you have lost a loved one due to someone else’s negligence.
Wrongful Death Lawsuits: Damages and Compensation
Per Florida state laws, you could pursue a range of damages and financial compensation for losses due to the wrongful death.
Types of Damages
In a wrongful death lawsuit, there are two main types of damages: economic and non-economic. Economic damages are quantifiable costs such as:
- Medical Bills and Funeral and Burial Expenses: Costs incurred from the deceased’s injury and death.
- Loss of Future Income and Services: Income and financial support that the deceased person would have provided
Non-economic damages refer to:
- Pain and Suffering Damages: Mental and emotional anguish experienced by survivors.
- Loss of Companionship: The value of emotional support and companionship lost.
In Florida, treble damages pertain to a legal concept where a court awards three times the amount of actual damages to the plaintiffs. In a wrongful death lawsuit, treble damages could apply to a negligent party if your wrongful death lawyers prove that their actions led to your loved one’s death.
Calculating Damages
Damages are calculated based on specifics, including:
- Deceased’s Life Expectancy: Estimated years the deceased might have lived
- Deceased’s Earning Capacity: Past wages and potential future earnings
- Relationship to Survivors: Spouse and dependent children’s relationship affects claim amounts
The court or an insurance company considers these factors when calculating a financial figure.
Distribution of Damages
The distribution of damages follows a clear structure:
- Decedent’s Estate: Pays for the deceased person’s medical expenses and funeral expenses
- Survivors: Dependents such as the spouse, children, and in some cases, parents, may be eligible for compensation according to the loss endured
The personal representative of the deceased person’s estate ensures a fair distribution of damages to the decedent’s beneficiaries.
Legal Process and Requirements of a Wrongful Death Lawsuit
Statute of Limitations for a Wrongful Death Claim
Different statutes of limitations under Florida law determine the timeframe within which you must file your claim. These timelines vary depending on the nature of your case. Consult an experienced wrongful death attorney to understand how the statute of limitations may impact your claim relating to negligence, nursing home neglect, or wrongful death.
Proving Negligence in a Wrongful Death Claim
To successfully initiate a wrongful death claim, you must establish:
- Duty of Care: The defendant had a duty to act reasonably to avoid harm
- Breach of Duty: The defendant breached that duty through action or inaction
- Causation: The breach directly caused your loved one’s death
- Damages: You incurred measurable damages due to the death
Trial and Settlement Procedures in a Wrongful Death Lawsuit
Discovery Phase: In the discovery phase, both parties exchange information related to the wrongful death claim.
- Mediation: Before trial, you may engage in mediation to seek a settlement.
Trial: If no settlement is reached, the wrongful death case goes to trial where:
- Both sides present evidence
- Witnesses could be called to provide testimony
Judgment: Is based on the trial findings, with compensation awarded accordingly if your wrongful death claim is upheld.
Understanding the intricacies of Florida’s wrongful death laws can feel overwhelming, especially during a time of profound grief. An experienced attorney can take this burden off your shoulders and apply their knowledge and experience to your wrongful death action, lifting some of the burden as you adjust to life without your loved one.
Florida’s Statute of Limitations for Wrongful Death Claims
Per Florida Statute 95.11 (4)(b), the representative of the deceased person has two years from the date of the decedent’s death to file a wrongful death lawsuit. If family members seek to file a wrongful death lawsuit after this deadline, it significantly reduces their ability to recover compensation. While exceptions may apply, the Florida court system tends to enforce this guideline. For this reason, loved ones who suspect they have viable wrongful death suits should seek a free legal consultation with an experienced attorney as soon as possible.
