Florida Wrongful Death Claims: Seeking Justice for Preventable Losses

Florida Wrongful Death Claims: Seeking Justice for Preventable Losses

The preventable loss of a loved one is a uniquely devastating experience. In Florida, when a death occurs due to someone else’s negligence, recklessness, or wrongful act, the surviving family members have the right to seek justice and compensation through a wrongful death claim. In 2024, Florida experienced approximately 800 fatal car accidents, highlighting the critical need for understanding wrongful death claims and how to navigate the legal process. This article aims to provide a comprehensive overview of Florida wrongful death claims, offering guidance on seeking justice for preventable losses.

What Constitutes a Wrongful Death in Florida?

Under Florida Statute § 768.19, a wrongful death occurs when a person’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another. This broad definition covers a wide range of scenarios, including:

  • Vehicle Accidents: Car, truck, motorcycle, bicycle, and pedestrian accidents are among the leading causes of wrongful death claims in Florida. These accidents often result from reckless driving, speeding, distracted driving, or driving under the influence.
  • Medical Malpractice: Medical errors, such as misdiagnosis, surgical mistakes, medication errors, and birth injuries, can lead to fatal outcomes.
  • Workplace Accidents: Accidents in high-risk industries like construction, manufacturing, and transportation can result in wrongful death claims. These incidents often stem from inadequate safety measures, equipment malfunctions, or hazardous working conditions.
  • Defective Products: Defective vehicle parts, unsafe children’s products, faulty medical devices, and dangerous pharmaceuticals can cause fatal injuries.
  • Premises Liability: Slip and fall accidents, swimming pool accidents, and other incidents on dangerous properties can lead to wrongful death claims.
  • Criminal Acts: Homicide, vehicular manslaughter, robbery, assault, and domestic violence can all result in wrongful death claims.

Who Can File a Wrongful Death Claim?

In Florida, the personal representative of the deceased’s estate is responsible for filing the wrongful death claim. The personal representative is typically named in the deceased’s will. If there is no will, the court will appoint a personal representative.

The personal representative brings the claim on behalf of the deceased’s survivors, who may include:

  • The deceased’s spouse
  • The deceased’s children
  • The deceased’s parents
  • Other dependent blood relatives and adoptive relatives

Proving Negligence in a Florida Wrongful Death Claim

To succeed in a Florida wrongful death claim, it is crucial to prove that the defendant’s negligence caused the death. Negligence means a failure to act with reasonable care under the circumstances.

The four key elements of negligence that must be established are:

  1. Duty of Care: The defendant owed a legal duty of care to the deceased. For example, a driver has a duty to operate their vehicle safely and follow traffic laws.
  2. Breach of Duty: The defendant breached their duty of care. This could involve reckless driving, failing to maintain a safe property, or providing substandard medical care.
  3. Causation: The defendant’s breach of duty directly caused the deceased’s death. This requires demonstrating that the death would not have occurred but for the defendant’s actions.
  4. Damages: The death resulted in measurable damages to the survivors. These damages can include financial losses, emotional distress, and loss of companionship.

Evidence that can be used to prove negligence in a wrongful death claim includes:

  • Accident reports
  • Medical records
  • Autopsy reports
  • Witness statements
  • Photographs and videos
  • Expert testimony

Damages Recoverable in a Florida Wrongful Death Claim

The damages that can be recovered in a Florida wrongful death claim are designed to compensate the survivors for their losses. These damages may include:

  • Economic Damages:
    • Lost financial support and services that the deceased provided
    • Loss of the deceased’s future earnings
    • Medical and funeral expenses
    • Loss of inheritance
  • Non-Economic Damages:
    • Mental pain and suffering
    • Loss of companionship, guidance, and protection
    • Loss of parental guidance for minor children

Statute of Limitations

In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. However, there are exceptions to this rule, such as in cases of medical malpractice or when the death was caused by murder or manslaughter. It is crucial to consult with an attorney as soon as possible to ensure that the claim is filed within the applicable statute of limitations.

Wrongful Death Settlement Amounts in Florida

The amount of compensation that can be recovered in a Florida wrongful death claim varies widely depending on the specific circumstances of the case. Factors that can influence the settlement amount include:

  • The age and health of the deceased
  • The deceased’s earning potential
  • The extent of the survivors’ financial dependence on the deceased
  • The degree of negligence on the part of the defendant
  • The availability of insurance coverage
  • The strength of the evidence

While some sources estimate the average wrongful death settlement in Florida to be between \$500,000 and \$1 million, it is important to remember that there is no “average” case. Each case is unique, and the settlement amount will depend on the specific facts and circumstances.

Comparative Negligence

Florida follows a modified comparative negligence system, which means that the deceased’s own negligence can reduce the amount of damages that can be recovered. If the deceased is found to be partially at fault for the accident that caused their death, the damages will be reduced by the percentage of their fault. However, if the deceased is found to be more than 50% at fault, the survivors will not be able to recover any damages.

Seeking Legal Assistance

Navigating the legal complexities of a Florida wrongful death claim can be challenging, especially while grieving the loss of a loved one. It is highly recommended to seek the assistance of an experienced Florida wrongful death attorney who can:

  • Investigate the circumstances of the death
  • Gather evidence to support the claim
  • Identify all responsible parties
  • Negotiate with insurance companies
  • File a lawsuit if necessary
  • Represent the survivors in court

A skilled attorney can help ensure that the survivors’ rights are protected and that they receive the full compensation they deserve.

Seeking Justice

Losing a loved one due to someone else’s negligence is a tragedy that can have lasting emotional and financial consequences. By understanding the legal options available and seeking the assistance of an experienced attorney, surviving family members can seek justice for their preventable losses and begin the process of healing.