Wrongful Death in Florida: A Guide

In the state of Florida, wrongful death is a legal term that refers to any death caused by the misconduct or negligence of another person or entity. This could include a wide range of incidents such as car accidents and even criminal acts. When someone dies due to the actions of another party, their loved ones may have the right to seek compensation through a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, only certain individuals are allowed to file a wrongful death lawsuit. These individuals are known as survivors and include:

• The surviving spouse
• Children of the deceased (including adopted and biological children)
• Parents of the deceased
• Blood relatives who were partially or wholly dependent on the deceased for support or services

If there are no surviving individuals in these categories, then a personal representative of the estate may file a wrongful death lawsuit on behalf of the deceased person's estate. This representative could be named in the deceased person's will or appointed by the court.

What Are the Types of Damages Awarded in Wrongful Death Cases?

In a successful wrongful death lawsuit, the court may award several types of damages to the surviving family members. These damages are meant to compensate for the losses and expenses caused by the untimely death of their loved one.

Economic Damages

Economic damages cover tangible losses such as medical bills, funeral expenses, lost wages, and loss of future income. These damages are awarded to the surviving family members who have suffered a financial burden due to the death of their loved one.

Non-Economic Damages

Non-economic damages cover intangible losses such as pain and suffering, loss of companionship, and mental anguish. These damages are meant to compensate for the emotional toll that the death has taken on the surviving family members.

What Is the Time Limit for Filing a Wrongful Death Lawsuit in Florida?

In the state of Florida, there is a time limit for filing a wrongful death lawsuit known as the statute of limitations. This time limit is generally two years from the date of death. However, there are exceptions to this rule depending on the circumstances surrounding the death and who is filing the lawsuit. Consult with an experienced wrongful death attorney in Florida to determine the specific time limit for your case.

How Do You Prove Wrongful Death in Florida?

In order to successfully win a wrongful death lawsuit, the plaintiff must establish that the defendant's actions or negligence directly caused the death of their loved one. This can be a complex process and may require evidence such as witness testimonies, medical records, and expert opinions.

What Are Factors That Impact a Wrongful Death Case in Florida?

Several factors can impact the outcome of a wrongful death case in Florida. These include:

• The type and severity of the defendant's actions or negligence: The more egregious the actions of the defendant, the higher chance of a successful lawsuit.
• The age and health of the deceased: If the deceased was elderly or had pre-existing health conditions, this could affect the amount of damages awarded.
• The relationship between the deceased and surviving family members: In Florida, spouses and minor children may receive more compensation than other relatives.

What About Wrongful Death vs. Criminal Charges?

A wrongful death lawsuit is a civil case, while criminal charges are handled by the state. This means that someone can be found guilty in a criminal case for causing a death and still be subject to a wrongful death lawsuit.

Additionally, the burden of proof is different in these two types of cases. In a criminal case, the prosecution must establish guilt beyond a reasonable doubt, while in a civil case, the plaintiff only needs to demonstrate liability by a preponderance of the evidence.

Why Is Hiring an Experienced Wrongful Death Attorney Important?

Losing a loved one is a difficult and emotional experience. Dealing with legal matters on top of that can be overwhelming. That's why you should hire an experienced wrongful death attorney in Florida who can guide you through the process and fight for your rights. They can handle the legal aspects of your case while you focus on grieving and healing.

Losing a loved one due to someone else's negligence or misconduct is a devastating experience. By understanding the laws surrounding wrongful death in Florida and working with an experienced attorney, you can hold the responsible party accountable and receive the compensation you and your family deserve.

If you'd like to learn more about wrongful death in Florida, contact the experienced lawyers at Jeeves Law Group P.A. today. We will be happy to consult with you on your case and help you understand how you can file a lawsuit and receive due compensation. We will be your advocate during this emotional time.