Getting legal help after a wrongful death.
A death at any time is a powerfully sorrowful event for family members, loved ones and friends. A wrongful death expands that grief exponentially because it was preventable. A wrongful death claim can be filed if a death was caused by the negligence, carelessness, recklessness or intentional conduct of another person or business.
In Florida, a person usually has two years from the date of the wrongful death to file a wrongful death lawsuit. Wrongful death cases are regulated by the Florida Wrongful Death Act, Florida Statutes § 768.16, along with other applicable Florida laws.
Who can file a suit?
Florida’s Wrongful Death Act says that “survivors” are entitled to damages in a wrongful death case. “Survivors” include the deceased person’s spouse, parents, children, or anyone who depended on the decedent for support, either partially or completely, any blood relatives, and any adopted sisters or brothers.
The person who actually files the suit is always going to be the personal representative for the deceased person’s estate. Our firm typically arranges to have the estate set up and the personal representative assigned in most of the wrongful death claims that we handle. A lot of times the personal representative is one of the survivors.
What damages can be determined in a wrongful death suit?
There are different damages that be recovered in a wrongful death case depending on who the survivors are. Here are a couple examples:
A surviving spouse with no children would make a claim for:
- Loss of Companionship and Protection
- Mental Pain and Suffering
- Loss of Support and Services from date of injury to date of death
- Future Loss of Support and Services from date of death
- Medical and funeral expenses
Surviving children (under 24) when there is a surviving spouse make a claim for:
- Loss of Support and Services
- Future Loss of Support and Services
- Loss of parental companionship, instruction, and guidance and mental pain and suffering.
Do you have a case?
If you’ve lost a loved one and want to learn about your options, please reach out to us by phone or with the form to the side of this page. We provide free case evaluations and will very quickly tell you if we think you do or don’t have a case, and why.