The loss of a loved one is devastating, in fact, words cannot even express the magnitude of this type of a loss other than an absolute tragedy… When that loss results from someone’s negligence, the pain intensifies. A wrongful death lawsuit in Florida offers legal recourse for families seeking justice and compensation.
This guide offers an overview of wrongful death lawsuits in Florida. It provides actionable information to help you understand your options.
Table Of Contents:
- The Basics of Wrongful Death Lawsuits in Florida
- Who Can File a Wrongful Death Claim?
- What Damages Can Be Recovered?
- How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
- Proving Negligence in a Wrongful Death Claim
- The Role of a Wrongful Death Attorney
- Wrongful Death Settlements in Florida
- Conclusion
The Basics of Wrongful Death Lawsuits in Florida
In Florida, a wrongful death occurs when negligence causes someone’s death. This includes car accidents, medical malpractice, premises liability, and criminal acts.
The Florida Wrongful Death Act (Florida Statute 786.19) outlines this legal framework. Sometimes, criminal charges don’t fully address the family’s loss. A lawsuit helps recover medical expenses, funeral costs, lost wages, and emotional pain.
Who Can File a Wrongful Death Claim?
Florida law specifies the deceased’s “personal representative” as the plaintiff (Florida Statute § 768.20). They act on behalf of surviving family members during legal proceedings in Florida.
This person is named in the will or appointed by the court. Eligible family members usually include spouses, children, parents, and sometimes other blood relatives or dependents.
What Damages Can Be Recovered?
Damages in Florida wrongful death lawsuits cover economic and non-economic losses. Financial damages can include medical bills, funeral costs, loss of future earnings, and support.
Non-economic damages address emotional distress, pain, suffering, and loss of companionship—Florida’s Wrongful Death Statute section 768.21 details recoverable damages.
How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
Florida has a two-year statute of limitations (Florida Statutes section 95.11) for wrongful death claims. This means you generally have two years from the date of death to file. Timely filing is critical for a wrongful death lawsuit in Florida.
Sometimes, legitimate reasons for claim delays may be approved by a judge. Consulting a Florida attorney promptly is vital to understanding your claim eligibility.
Proving Negligence in a Wrongful Death Claim
Success requires proving negligence, meaning you must demonstrate that the responsible party failed to exercise reasonable care and that this failure directly led to your loved one’s death.
Florida courts use a three-part test. You must show a “duty of care,” a “breach of duty,” and that the breach directly “caused damages.” This can include financial and emotional hardship. Proper and sufficient evidence is critical to demonstrate how negligence, misconduct, or some other wrongful action is related to the death. Proving negligence ensures accountability and establishes grounds for financial recovery in wrongful death cases.
The Role of an Attorney in a Wrongful Death Claim
Wrongful death lawsuits in Florida are complex and challenging to navigate without proper legal counsel. Further, they are very emotional for those who have lost their loved one. Attorney Michael Appel and other qualified attorneys specialize in these cases. They provide vital support to grieving families by explaining Florida law, evaluating your case, and determining recoverable damages. They also gather evidence, interview witnesses, and negotiate with insurance companies.
Attorneys like Mr. Appel can represent you in court if a settlement isn’t reached and can provide guidance throughout the legal proceedings of your wrongful death claim. Experienced attorneys clarify statutes and legal standards for accountability, increasing your chances of success with the claim and helping you understand elements of a claim like misconduct or negligence.
Wrongful Death Settlements in Florida
Many wrongful death cases are settled before trial. A settlement is an agreement between the parties. This avoids a lengthy trial process.
Settlements often involve confidentiality clauses. An attorney can help you navigate negotiations for the best possible outcome in these scenarios.
Conclusion
A wrongful death lawsuit provides a legal pathway to seek justice, offering families the opportunity to address financial hardships and hold responsible parties accountable for their actions. By understanding the legal process and securing experienced legal counsel, families can focus on grieving and healing while protecting their rights. These claims play a critical role in providing support during the challenging period following losing a loved one.