Florida Wrongful Death Act Explained

Florida Wrongful Death Act (also referred to as the Wrongful Death Statute) ensures individuals who caused someone’s death are held legally responsible for their actions. Equally as important, it also allows the surviving family of the deceased individual to receive compensation 

According to the Florida Wrongful Death Act, wrongful death occurs if a person passes away as a result of another person’s negligence or wrongful doing. 

If you lost a loved one due to the actions of another person, such as a physician, you may be thinking about taking legal action. The good news is that there are plenty of options available. 

Who can file a wrongful death lawsuit?

Generally, the decedent’s personal representative will file a lawsuit. This person is responsible for handling the estate and acting on behalf of the surviving relatives. 

A personal representative is designated by the deceased in their will. If the individual dies without a will, the court will appoint a personal representative when you file for probate. 

Who can benefit from a wrongful death claim?

Parties who can prove they were dependent on the deceased individual at the time of their passing. This typically includes surviving spouses, children, or the decedent’s parents. 

Most common types of wrongful death claim

Florida Wrongful Death Act allows individuals to file a lawsuit whenever an individual causes another person’s death through negligence. Regardless of the type of accident or injury, the claim is valid as long as you can prove the defendant acted in a negligent manner. 

Common examples of wrongful death claims include:

• 
  Traffic accidents resulting in death
• Fatal traffic accidents caused by defective vehicles or dangerous road conditions
• Criminal actions
• Medical malpractice

Not all claims are valid, however. There must be an element of negligence for the claim to be accepted by the court, and proving it isn’t always clear-cut. 

For instance, in medical malpractice cases, you must establish the presence of five elements in order to bring a valid claim. Even if there is negligence, it doesn’t mean the case will be successful. This is why you should consult an attorney before doing anything.

What damages can you recover?

The survivor’s family can recover damages for harm resulting from wrongful death. The types of damages depend on the relationship of the family member with the deceased person. For example, the spouse can be compensated for the loss of companionship or protection, while children may receive compensation for the loss of guidance and parental companionship. 

The majority of the compensation will account for the following:

• Funeral expenses
• Loss of support and services
• Medical costs incurred by the injury before death
• Loss of estate value
• Pain and suffering
• Lost income and benefits

Along with the relationship with the deceased individual, the court will also take into account the survivor’s dependency upon the decedent. 

If you want to know how much you can recover, you may have to consult an attorney. It’s impossible to estimate the value of a wrongful death claim because every case is different, and so is the family situation. 

Wrongful death statute of limitations

Florida Wrongful Death Act also requires you to file a claim within the allocated period known as the statute of limitations. In most circumstances, the Florida statute of limitations is two years from the person’s death. 

You should be familiar with the statute of limitations that applies to your case. If you miss this window, you will lose your legal right to file your claim. To be safe, we recommend contacting a law firm immediately after death- That way, you’ll have plenty of time and recover compensation a lot faster. 

Why hire an attorney?

When you lose a loved one, you not only have to deal with the pain of losing them but also the financial hardship and uncertainty that comes with it. You and your family deserve justice, closure, and fair compensation. 

By hiring an attorney, you gain valuable support and professional guidance during the most challenging times you will ever face. An attorney can handle all the intricacies of the case on your behalf, which means you can spend more time grieving and healing instead of doing things you’re ill-equipped to deal with. 

The attorney will investigate the circumstances of the event and gather evidence to bolster your case. 

The biggest benefit is that your attorney can negotiate a settlement with the defendant’s insurer. That way, you don’t have to take the case to court, ultimately saving yourself the time, money, and unpredictability that goes along with litigation. Plus, you’ll receive money at the time when you need it the most. 

Iinsurance companies want to preserve their bottom line. As such, they’re no strangers to lowball offers. Having a lawyer during the negotiations preserves your interests here and helps you avoid the situation where you say yes to a settlement that’s not substantial enough to cover all your losses. A skillful legal professional will know all the tricks to convince the insurer to offer you the right amount before you go to court. 

Even if the insurance company won’t budge, you’ll have someone on your side ready to fight for your interests in court. 

Need legal services? Sowell Chakour can help



No amount of money will bring your loved one back. Still, pursuing justice and being compensated will bring you closure and help your family recover from the trauma of losing someone in such a tragic manner. 

If a family member died due to a medical professional’s negligence, you can file a wrongful death claim. But, you need to be aware that the standard rules of malpractice will apply. 

Malpractice is notoriously difficult to prove, and even if the evidence clearly shows the physician is culpable, there’s a high probability that they’ll get away on a technicality. 

This is why you should hire a law firm focused on medical malpractice. The best one in Florida is Sowell Chakour. Our legal team consists of former physicians turned lawyers who can provide insider knowledge to tip the odds in your favor. Plus, our track record doesn’t lie, as we have plenty of multimillion settlements under our belt. 

Schedule a free consultation - call (833) 633-6257 or fill out our contact form.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.