If you have lost a loved one due to someone else’s negligence in Florida, you may want to file a wrongful death lawsuit. Just keep in mind that a wrongful death lawsuit can be tricky to win, so it is highly recommended that you contact an experienced attorney that has a lot of experience and specializes in this practice area.
One of the founding partners at Herman & Wells is Clifford Wells, who is a board-certified trial lawyer who has dedicated his career to working with clients in Florida who have a personal injury or wrongful death claims. If you want to speak to Clifford about your case, you can reach him at (727) 821-3195.
Florida law recognizes that the death of a loved one is a tragedy that imposes significant financial and emotional hardship on the family. If the death was caused by the negligence of another, Florida law gives the family the right to file a wrongful death claim. A successful claim can recover damages for the loss of support and companionship, as well as funeral and medical expenses.
The experienced wrongful death attorneys at our firm have a proven track record of success in handling these complex cases. You can see that some of our biggest case results are from wrongful death claims. You can see our wrongful death case results here. If you have lost a loved one due to someone else’s negligence, we can help.
If you’re looking for experienced, knowledgeable help with wrongful death, Herman & Wells is the firm for you. They offer a free consultation to get to know you and your unique situation. So why wait? Contact Herman & Wells today and get the peace of mind that comes with having our experts on your side.
The Cliff Notes: Key Takeaways From This Post
This blog post deals with what you need to know about filing and winning a wrongful death case in Florida; however, here are the key bullet points if you are in a rush:
- In Florida, wrongful death is defined as a death caused by the negligence of another person or entity.
- The most common causes of wrongful death in Florida are car accidents and medical malpractice.
- Wrongful death is different from murder, as it does not require proof that the defendant intended to kill the deceased.
- In order to win a wrongful death lawsuit, survivors must prove that the death was caused by negligence, that there are financial damages suffered due to the death, and that a personal representative has been appointed to bring the claim.
- Damages may include medical and funeral expenses, lost wages and benefits, loss of companionship, pain and suffering, and in some cases punitive damages.
- The statute of limitations in Florida generally requires filing a wrongful death claim within two years of the date of the deceased’s death. For personalized guidance on your case, contact an experienced wrongful death lawyer today.
What is a Wrongful Death Claim Under Florida Law?
Florida law defines wrongful death as occurring when someone dies due to the negligence or wrongful act of another party. In order to file a wrongful death claim in Florida, the surviving spouse, child, or parent of the deceased must file a lawsuit within two years of the date of death. If the death was caused by a criminal act, then the Florida Department of Justice must file the suit on behalf of the survivors. If successful, a Florida wrongful death claim can result in compensation for medical and funeral expenses, loss of income and benefits, and pain and suffering.
Additionally, punitive damages may be awarded in cases where the death was caused by gross negligence or malice. If you have lost a loved one due to someone else’s negligence, you may be entitled to compensation. An experienced Florida wrongful death attorney can help you understand your legal rights and options.
What are the Most Common Causes of Wrongful Death in Florida?
In Florida, a wrongful death claim can be filed when someone dies due to the negligence of another person or entity. Florida law defines negligence as the failure to use reasonable care, which is the care that a prudent person would use under similar circumstances. There are many different ways that negligence can lead to wrongful death.
One of Florida’s leading causes of wrongful death is car accidents. In 2017, there were 3,116 traffic fatalities in Florida, which was a 9% increase from the previous year. Florida’s busy roads and highways are filled with distracted drivers, aggressive drivers, and drunk drivers, all of whom pose a serious threat to other motorists. If you have lost a loved one in a car accident, you may be able to file a wrongful death claim against the responsible party.
Another common cause of wrongful death in Florida is medical malpractice. Medical errors can happen in any type of healthcare setting, from hospitals and clinics to nursing homes and assisted living facilities. If a doctor or other healthcare provider makes a mistake that results in someone’s death, the family of the deceased may be able to file a wrongful death claim against the provider or the facility where the error occurred.
If you have lost a loved one due to someone else’s negligence, you may be entitled to file a wrongful death claim. To learn more about Florida’s wrongful death laws and how to maximize your compensation, contact an experienced personal injury attorney today.
Is Wrongful Death the Same Thing as Murder?
Florida law defines wrongful death as “the death of a human being caused by another’s negligence.” This is different from murder, which is defined as “the unlawful killing of a human being with malice aforethought.” In order to bring a wrongful death claim in Florida, the claimant must prove that the death was caused by the negligence of another. This means that the claimant must show that the defendant owed the deceased a duty of care, that the defendant breached that duty, and that the breach was the cause of the death.
It is not necessary to show that the defendant intended to kill the deceased in order to prove negligence. For this reason, wrongful death claims are often brought in cases where the defendant did not intend to kill anyone but acted in a way that led to someone’s death. However, it should be noted that Florida law does not allow for punitive damages in wrongful death cases, even if the defendant’s conduct was particularly egregious.
What Must Be Proven in Order to Win a Wrongful Death Lawsuit in Florida?
In Florida, a wrongful death claim may be brought when someone dies as a result of the negligence or intentional act of another person. In order to succeed in a wrongful death claim, the following must be proven:
- That the death was caused by the negligence or intentional act of another person;
- That the survivors are suffering financial damages as a result of the death;
- That there is a personal representative who has been appointed to bring the claim on behalf of the survivors.
In order to file a Florida wrongful death claim, the following steps must be taken:
- Survivors must determine who is eligible to file the claim. Florida law typically allows a surviving spouse, child, or parent of the deceased to file a claim;
- The survivors must then find a wrongful death lawyer to represent them. A wrongful death lawyer will help gather evidence and build a strong case;
- Survivors must file their claim within two years of their loved one’s death. If they do not, they may be barred from recovering damages.
By following these steps, survivors can hold the responsible party accountable and seek the justice their loved one deserves.
What Types of Damages are Associated with a Wrongful Death Lawsuit
If the above elements are proven, then Florida law provides that the survivors may recover damages such as medical and funeral expenses, lost wages and benefits, loss of companionship, and pain and suffering. In some cases, as mentioned earlier, punitive damages may also be awarded in order to punish the wrongdoer and deter others from engaging in similar conduct. Contact an experienced Florida wrongful death attorney to learn more about how to prove your case.
How Are Damages Awarded in a Wrongful Death Case in Florida
In most cases, both economic and non-economic damages will be awarded to the plaintiff. However, there is no set formula for determining how much each type of damage is worth. This is left up to the discretion of the jury or the judge in a bench trial. In some cases, a settlement check will be awarded to the plaintiff instead of a jury verdict. This happens when both sides agree on a certain amount of money that will be paid to the plaintiff in exchange for dropping the lawsuit.
Statute of Limitations For Wrongful Death Lawsuits in Florida
Florida law imposes a statute of limitations on lawsuits seeking damages for wrongful death. This means that if you don’t file your lawsuit within the specified time period, you may be barred from seeking compensation. The time period varies depending on the circumstances of the case, but it is generally two years from the date of death. If you are considering filing a wrongful death claim, it is important to consult with a Florida wrongful death lawyer as soon as possible to ensure that your claim is filed within the applicable time period.
Book a Free Consultation With Our Wrongful Death Attorneys in Florida
If you have lost a loved one due to the negligence of another person, you may be feeling overwhelmed and unsure of what to do next. At our law firm, we understand how difficult this time can be, and we want to help. We offer free consultations with our wrongful death attorneys in Florida to help families understand their legal options. During your consultation, we will review the details of your case and answer any questions you may have. We will also explain how Florida’s wrongful death laws may apply to your situation and what you can expect if you decide to pursue a claim.
With a combined 30 years of legal experience, our lawyers have the knowledge and skills necessary to effectively represent your family in a Florida wrongful death claim. Call (727) 821-3195 today to schedule your free consultation.