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FAQs
What is considered a wrongful death claim in Florida
In Florida, a wrongful death claim arises when an individual’s death is caused by another party’s negligence, recklessness, or intentional act. Common scenarios include fatal car accidents, medical malpractice, defective products, and workplace incidents. The claim is typically filed by the deceased person’s estate or eligible survivors.
Who can file a wrongful death lawsuit in Florida?
Under Florida law, the personal representative (executor) of the deceased’s estate must file the lawsuit on behalf of surviving family members, such as a spouse, children, and, in some cases, parents or other dependents. The personal representative is usually named in the deceased’s will or appointed by the court if no will exists.
What types of damages are recoverable in a Florida wrongful death case?
Survivors may seek compensation for medical bills, funeral expenses, lost wages and benefits, and the loss of support and services. They may also pursue damages for emotional pain and suffering, particularly for the loss of a spouse, parent, or child. Each category of damages is subject to specific rules in Florida statutes.
How long do I have to file a wrongful death lawsuit in Florida?
In Florida, the statute of limitations for wrongful death claims is generally two years from the date of the individual’s death. Missing this deadline can bar you from recovering any compensation, so it’s important to consult an attorney as soon as possible to protect your legal rights.
Can a wrongful death lawyer help if the liable party is also facing criminal charges?
Yes. A criminal case is handled separately from a civil wrongful death lawsuit. Even if a defendant is not convicted criminally, they can still be held financially liable in a civil suit. A wrongful death lawyer can track any criminal proceedings to gather useful evidence and present it in the civil case if applicable.
Will a Florida wrongful death case always go to trial?
Not necessarily. Many wrongful death claims settle out of court. A lawyer can help negotiate with insurance companies and opposing parties to reach a fair settlement. If no agreement is reached, the case may proceed to trial, where a judge or jury will decide the outcome.
