Understanding who can file a Florida wrongful death lawsuit is essential to ensuring your family can recover the money you need and get justice for your loved one. In general, it is only the deceased’s personal representative who can serve as the plaintiff in a Florida wrongful death lawsuit.
This is the person identified during the probate process as the estate executor.
Working with a Florida wrongful death lawyer will help you follow all the necessary rules and regulations and safeguard your rights throughout this process.
Which Parties Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, the Florida Wrongful Death Act defines how these cases work. It is codified beginning with Florida Statutes 768.16. These laws outline the process and requirements for filing a wrongful death lawsuit in the state.
Under Florida law, a wrongful death suit must be filed by the personal representative of the deceased person’s estate. The personal representative, often referred to as the executor or administrator, is typically named in the deceased person’s will. The probate court will appoint a personal representative if the deceased left no will or estate plan.
The personal representative files the civil lawsuit on behalf of the deceased person’s estate and the surviving family members.
The beneficiaries of the claim could include:
- Their Spouse: The surviving spouse can recover money through a wrongful death claim. They also often act as the personal representative.
- Their Minor Children: The deceased’s minor children can always recover compensation from a wrongful death case.
- Their Adult Children: The deceased’s adult children can recover compensation from the case if there is no surviving spouse.
- Parents: The parents can recover compensation when there is no surviving spouse or children, especially when the victim was a minor.
- Other Heirs: Other heirs or dependents might recover compensation in these cases if they relied on the deceased for financial support or services.
Understanding How Wrongful Death Lawsuits Work
If your loved one died because of someone else’s negligence in Florida, you or another member of your family can likely file a wrongful death lawsuit to seek justice and compensation. A wrongful death lawsuit is a civil action, generally brought in a county court.
The victim’s personal representative files the case against the person or entity whose careless, reckless, or intentional actions caused the victim’s death. They must have strong evidence to show fault and liability, often gathered by an attorney who handles these cases frequently.
This lawsuit can hold the liable party accountable and provide financial compensation to the victim’s survivors for their losses, including loss of companionship, emotional suffering, and financial support.
Types of Damages Recoverable in a Florida Wrongful Death Case
The Florida Wrongful Death Act sets the recoverable damages in these cases.
This law allows families with lost loved ones to recover damages for:
- Loss of Support and Services: Survivors can recover the value of lost support and services that the deceased previously provided, including income, benefits, and/or services around the house, such as childcare or lawn care.
- Loss of Companionship and Protection: The spouse and the victim’s children can recover compensation for the intangible services provided by the deceased, including the loss of protection, loss of companionship, loss of parental guidance, and loss of instruction.
- Mental Pain and Suffering: Beneficiaries can recover money for their non-economic damages, including the mental pain and suffering endured because of their loss.
- Medical and Funeral Expenses: A wrongful death payout could include the expenses incurred for medical care and funeral services due to the wrongful death.
A wrongful death lawsuit or settlement may recover other damages depending on the circumstances. Your attorney will identify and document your recoverable expenses and losses and fight for the money to cover them during settlement negotiations or litigation.
What Types of Cases Support a Wrongful Death Lawsuit?
When a loved one dies suddenly due to the negligence, recklessness, or intentional actions of another, it is often devastating for the surviving family members. In Florida, the law allows the survivors to recover compensation for their losses if they can show another party was at fault.
Here are the common types of cases that can support a wrongful death lawsuit in Florida:
Traffic Accidents
One of the most common causes of wrongful death in Florida is auto accidents. When it comes to fatal car accidents, the Florida Motor Vehicle No-Fault Law does not apply. You can file a fault-based lawsuit when a car crash causes a serious, catastrophic, or fatal injury.
The types of cases that might support a wrongful death lawsuit include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bus accidents
- Rideshare accidents
- Bicycle accidents
Premises Liability Injuries
When injuries occur on another party’s property, they are often liable because of Florida’s premises liability laws. They must keep their property safe for lawful visitors, and a failure to do so could be negligence. There are many ways a preventable hazard could cause an accident that supports a wrongful death case. This could include:
- Nursing home injuries
- Slip and fall accidents
- Swimming pool accidents
- Fires and burns
- Dog bite injuries
Work Injuries
Sometimes, on-the-job accidents occur because of a negligent third party. If that happened in your loved one’s fatal workplace accident, you could have a wrongful death case against the liable third party. The recovery in these cases is generally in addition to any workers’ compensation death benefit you receive.
Medical Malpractice
Medical malpractice can cause serious harm, including death. A wide range of medical mistakes and negligence could support a wrongful death case. This could include missed diagnosis, delayed diagnosis, surgical mistakes, medication errors, birth injuries, and more.
These cases are complex and have strict requirements and deadlines. You could contact an experienced attorney immediately if you believe medical malpractice caused or contributed to your loved one’s death.
Product Liability
When a product, drug, or medical device has a serious defect, it could lead to significant injuries or death. You could have a viable wrongful death lawsuit if a defective or dangerous product caused your loved one’s fatal injuries, or there could be a mass tort underway against the manufacturer.
Understanding the types of cases that support a Florida wrongful death lawsuit helps you determine if you have a valid claim. To be sure, contact an attorney for a free consultation.
Navigating a Florida Wrongful Death Suit With Help From Your Lawyer
If you believe your loved one’s death was caused by the negligence or intentional actions of another, it is crucial to act quickly. Most personal injury attorneys will assess your legal options for you for free. They can navigate the legal process for you and ensure you receive the compensation your family deserves.
When a family member dies from the negligence or wrongful act of another, you may be able to seek justice and a payout through a wrongful death action. Your attorney will handle this process for you. It will look something like this:
Establishing Liability
To win compensation and hold the at-fault party accountable in a wrongful death lawsuit, you must show that the other party’s negligence caused your loved one’s death. This involves showing that each of the following elements are present in the case:
- Duty of Care: The accused party owed a duty of care to the deceased, such as following traffic laws or keeping their property free from hazards.
- Breach of Duty: They breached their duty through their actions or inactions, such as running a red light or failing to clean up a spill.
- Causation: The breach directly caused the death of the deceased, typically due to a preventable accident or incident.
- Damages: The death resulted in quantifiable damages for you and your family.
Legal Process
When you have a lawyer managing your Florida wrongful death case, you can expect them to take the necessary steps to develop a case with robust evidence to show negligence and liability, including a convincing argument for a fair payout.
The legal process will likely include:
- Investigation: Your attorney conducts an in-depth investigation to gather evidence, including medical records, accident reports, and witness statements. They organize this evidence into an effective argument to show what happened and why your family deserves a payout.
- Negotiation: Before going to trial, parties often attempt settlement negotiations to resolve the case without court intervention. Sometimes, cases settle before filing a lawsuit or through mediation with help from a trained mediator.
- Litigation: If a settlement is not possible, the case proceeds to trial. Both the plaintiff and defendant present their evidence and arguments. A judge or jury decides the outcome and the amount of damages, if any. Appeals may be possible, if necessary, following a trial. However, this is only possible under very specific circumstances.
Time Limit
It is important to note that there is a time limit for filing a wrongful death lawsuit in Florida. According to Florida Statutes 95.11(4)(d), the statute of limitations for a Florida wrongful death suit is two years from the date of death. Failing to file the complaint within this period will likely result in the loss of the right to pursue a payout through the courts.
While this time limit technically only applies to filing a lawsuit, it also significantly affects your ability to negotiate a fair settlement. This is because the threat of taking a case to trial is often enough to motivate a liable party or their insurance company to offer a fair settlement. When you cannot sue, you lose this leverage.
Managing a Wrongful Death Action Is Challenging Without an Attorney
Navigating a wrongful death action is often legally complex and emotionally challenging. This makes it difficult to manage these cases without help from an experienced and skilled attorney who handles them regularly.
Florida’s Wrongful Death Act is very specific about who is eligible to file these lawsuits and what types of damages can be recovered. Then, you have to have the necessary evidence to show what happened, who is legally responsible, and how this caused your family’s expenses and losses.
If you lost a loved one due to someone else’s negligence, consulting with an experienced personal injury attorney can help you understand your rights and guide you through the legal process. Most personal injury law firms provide free consultations and represent clients on contingency. You should not have to pay for anything upfront to have an advocate, support, and guidance on your side.
What Should I Do If My Loved One Died in a Wrongful Death Accident?
After a wrongful death accident and the death of your loved one, it can be overwhelming to know what steps to take next. To protect your rights and seek justice and compensation for your loss, you should:
Seek Immediate Emotional and Legal Support
Losing a loved one is incredibly painful. Surround yourself with family and friends to ensure you have a supportive group to help you through this difficult time.
As soon as possible, contact an experienced wrongful death attorney. They will guide you through the legal process and help you understand your rights and options.
Preserve Evidence
When possible, keep records of all relevant information related to the accident, including medical reports, police reports, witness statements, and any correspondence with insurance companies. Also, keep any bills or documents you receive related to your loved one’s injuries, treatment, and death.
Anything you do not collect during this process, your attorney will gather. The actions you take now can make their job easier, though.
Identify the Personal Representative
In Florida, the personal representative of the deceased’s estate must file a wrongful death lawsuit. If they had a will, it includes the personal representative's name. If there is no will, the court will appoint someone. This is most often a close family member such as a surviving spouse or a parent. Your attorney may help you navigate this process if you don’t know who should file the lawsuit in your case.
Discuss Your Family’s Wrongful Death Case With Our Team
Frankl Kominsky Injury Lawyers provides free consultations for families who lost loved ones in our service area. We are here for you to help you determine who can file a wrongful death suit on behalf of your family. We have locations in Boynton Beach, Pompano Beach, and Port St. Lucie.
Contact us online or dial (561) 800-8000 to learn more.