Wrongful Death

Losing a loved one is by far one of the most traumatic experiences any human being can undergo. Wrongful death can come about because of a car accident, a slip, and fall, or any other number of events.

In such tragic cases, it is important to hire an experienced wrongful death attorney who can help make sense of the legal and financial aspects of your loss and help you obtain monetary damages from those who are responsible. By doing so, families who lose a loved one through the negligent or intentional act of another are not only compensated for their loss in some measure but, perhaps more importantly, also can hold negligent or intentional actors accountable for the damage their actions cause.

Call us at 727-865-5724 or schedule online now to set up your free consultation with our experienced wrongful death attorneys.

Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death claim can be filed by specific individuals defined by state law. The primary parties eligible to bring a claim include:
- The decedent’s surviving spouse;
- The children of the deceased;
- The parents of the deceased if there is no surviving spouse or children.

If none of these relatives exist, the claim may extend to other heirs at law, such as siblings or more distant relatives. Additionally, if there is a personal representative (executor) appointed to manage the deceased’s estate, they can initiate the claim on behalf of the estate. Importantly, claims must be filed on behalf of the estate and the survivors who suffered losses due to the death.

What Are the Steps in the Wrongful Death Claim Process?

1. Filing the Complaint

The wrongful death actions begin with filing a formal complaint in the appropriate Florida court. This document sets forth the facts surrounding the death of your loved one and alleges that the defendant’s negligence or wrongful conduct caused the fatal injury. The complaint initiates the legal process and formally notifies the court and opposing party of the claim.

2. Serving the Defendant

After filing, the defendant must be properly served with a copy of the complaint. This step ensures the defendant is officially informed about the lawsuit and given an opportunity to respond. Without proper service, the case cannot move forward.

3. Defendant’s Response and Preliminary Motions

The defendant typically files an answer to the complaint, admitting or denying the allegations. Sometimes preliminary motions are made to dismiss or limit the scope of the case. These motions can shape the trajectory of wrongful death actions early on.

4. Discovery Phase

During discovery, both parties gather and exchange evidence related to the tragic circumstances that caused the death. This can include medical records, accident reports, witness statements, and expert evaluations. Depositions of witnesses and parties allow attorneys to question individuals under oath, aiming to uncover critical facts. The goal is to build a strong foundation for recovery by proving liability and quantifying damages.

5. Settlement Discussions and Mediation

Because wrongful death cases often involve profound emotional distress and significant damages, parties may engage in settlement talks or mediation. This process offers a chance to resolve the claim without trial, providing some measure of closure to the loved ones affected. Negotiations focus on compensating survivors fairly for medical costs, funeral expenses, lost financial support, and emotional suffering.

6. Trial Preparation

If settlement attempts fail, both sides prepare for trial. This phase includes organizing evidence, preparing witnesses, and finalizing legal arguments. Given the sensitive nature of wrongful death actions, trial preparation also involves careful consideration of how to respectfully present the impact of the loss on the family.

7. Trial and Verdict

At trial, each side presents its case before a judge or jury, who then determines liability and the extent of damages. The court considers the evidence of negligence or wrongful acts that caused the loved one’s death, as well as the emotional and financial harm suffered by survivors.

8. Post-Trial Proceedings and Damage Recovery

Following a verdict, there may be post-trial motions or appeals. Once the judgment is final, the recovery of damages begins. Florida law directs how awarded damages are distributed among surviving family members, reflecting their individual losses and contributions to the claim. The recovery can help provide financial support and aid loved ones coping with the aftermath of the tragic circumstances.

How Long Is Florida’s Statute of Limitations?

Florida imposes a strict statute of limitations for wrongful death claims: the lawsuit must be filed within two years from the date of the deceased’s death. Missing this deadline generally results in the permanent loss of the right to pursue compensation. This two-year limit underscores the importance of acting promptly to protect legal rights.

Wrongful Death Claims vs. Survivorship Claims

Generally, in the state of Florida, there are two types of civil suits that can be filed after a person dies as a result of someone else's actions. The first type of civil suit is a wrongful death claim. This claim is brought by the surviving family members - parents, siblings, spouse, and children - of the deceased and is designed to compensate those individuals for their loss. Awards for a wrongful death claim can include damages meant to address the family's pecuniary loss (lost wages) beginning at the time of death and extending into the future, the family's loss of companionship and society with the deceased, and mental pain and anguish suffered by the survivors.

The second type of claim that can be brought is known as a survivorship claim. This claim is designed for the situation in which the deceased does not die immediately but instead suffers an injury, is hospitalized or treated for some time, and eventually succumbs to his or her injuries in the future. This claim is meant to address the harm and suffering that the deceased underwent before death. Claims for hospital bills, treatment costs, and funeral expenses can be included in a survivorship claim. Additionally, claims for pain and mental anguish suffered by the deceased can also be brought in a survivorship claim.

Call us at 727-865-5724 or schedule online now to set up your free consultation with our experienced wrongful death attorneys.