Wrongful Death Laws in Florida
Call (800) 863-5312 to Speak with Wrongful Death Lawyers for Free
Losing a loved one is a terrible tragedy, but knowing that your loss was caused by another person’s carelessness only magnifies the pain. If you have lost a loved one in an accident, you may be able to pursue a wrongful death lawsuit. Although no amount of money can make up for your pain and loss, compensation can help ease your financial burden and protect your family’s financial future.
At Zinda Law Group, our legal team has handled numerous wrongful death cases nationwide and helped our clients seek the justice and compensation they deserved. We are here to assist you through this difficult time, and as our client, you will pay nothing unless we win your case. That’s our No Fee Guarantee.
If you have suffered the loss of a loved one because of someone else’s negligence or willful misconduct, call Zinda Law Group at (800) 863-5312 to receive a 100% free case evaluation with our wrongful death attorneys.
What Is a Wrongful Death Lawsuit in Florida?
A wrongful death claim is a civil suit brought when an individual dies due to the wrongful act, negligence, default, or breach of contract by another person or entity.
In Florida, there are three elements that a plaintiff must prove in a wrongful death claim:
1.) There must be conduct that amounts to a wrongful act, negligence, default, or breach of contract or warranty.
2.) That conduct must have caused the death of the victim.
3.) The conduct would have entitled the victim to bring an action for personal injury and to recover damages if death had not occurred.
This means that a wrongful death action is almost identical to a personal injury lawsuit, except that the person bringing the lawsuit is not the injured party.
Who May File a Wrongful Death Claim in Florida?
In Florida, a personal representative of the decedent’s estate must bring the wrongful death claim. The personal representative is usually named in the decedent’s will or estate plan. If no one is named, the court may appoint a personal representative.
When filing a claim, the personal representative must list every survivor who has an interest in the case. This includes the victim’s spouse, children, parents, and any blood relative or adoptive sibling who was partially or wholly dependent on the deceased for support or services.
What Damages Are Available in a Florida Wrongful Death Claim?
Both the surviving family members and the estate can recover damages in Florida. The surviving family members may seek damages for the loss of companionship of the victim, mental and emotional pain and suffering due to the loss, medical and funeral expenses if they were paid by a family member, and the value of support and services the deceased provided to the survivors.
In addition, spouses typically pursue claims for emotional trauma resulting from the death, and minor children of the deceased may also receive damages for the lost benefits of their relationship with their parent.
The estate’s recoverable damages include lost wages and benefits, including potential future earnings had the victim lived, medical and funeral expenses paid by the estate, and the value the estate could have been expected to acquire if the deceased had lived.
If the defendant’s behavior was intentional, reckless, or malicious, it is also possible for punitive damages to be awarded to the surviving family members. However, there is a limit on what can be recovered.
How Long Do I Have to File a Wrongful Death Claim in Florida?
A wrongful death lawsuit in Florida must be filed within two years of the date of death. The deadline can be extended in a few specific situations. An experienced attorney can help you determine the deadline for filing your case.
Wrongful death cases are incredibly complex, and if you wait too long to file a claim, there is a chance that evidence will be lost or that witnesses will forget details of the incident.
Get Help from Our Wrongful Death Lawyers
If you have lost a loved one from someone else’s negligence, the wrongful death attorneys at Zinda Law Group can help. We have handled numerous wrongful death cases and have the knowledge and resources necessary to help you build the strongest case possible.
We also believe that families should never have to worry about their ability to afford legal representation. That is why we offer 100% free consultations and why you will pay nothing unless we secure a favorable settlement, judgment, or verdict for your wrongful death claim. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.