Wrongful Death Claims in Florida: A Guide for Grieving Families

Losing a family member is a devastating experience, and the pain is only intensified when the death results from another’s negligence or wrongful act. While no legal action can replace your loved one, Florida law provides a way for families to seek justice and financial stability during an incredibly difficult time. This is achieved through a wrongful death claim.

What Is a Wrongful Death Claim?

Under the Florida Wrongful Death Act, a claim may arise when a person’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another person or entity. In simple terms, if the deceased person could have filed a personal injury lawsuit had they survived, their family may now have grounds for a wrongful death case. These claims can stem from car accidents, medical malpractice, or defective products, among other incidents.

Who Can File a Claim in Florida?

Florida law is specific about who can initiate a wrongful death lawsuit. The claim must be filed by the personal representative of the deceased person’s estate. This individual, often named in a will or appointed by a court, acts on behalf of the estate and the surviving family members.

The survivors who can benefit from the claim typically include the spouse, children, and parents of the deceased. In some cases, other blood relatives or adoptive siblings who were financially dependent on the deceased may also be eligible.

Types of Recoverable Damages

The goal of a wrongful death claim is to compensate the family for the immense losses they have suffered. Florida law allows for the recovery of different types of damages for both the survivors and the estate.

For the Survivors:

This can include compensation for lost support and services, loss of companionship and protection for a spouse, and mental pain and suffering. Minor children can also receive damages for the loss of parental guidance and instruction.

For the Estate:

The estate can recover lost wages and benefits the deceased would have earned. It can also claim medical and funeral expenses paid directly by the estate.

The Critical Two-Year Deadline

It is crucial to act promptly. In Florida, the statute of limitations for most wrongful death lawsuits is two years from the date of the person’s death. If a claim is not filed within this period, the family will likely lose their right to seek compensation forever. While some rare exceptions exist, this strict deadline makes immediate legal consultation essential.

How Shrader Mendez & O’Connell Can Help

Navigating a wrongful death claim while grieving is an overwhelming burden for any family. Our compassionate attorneys understand the sensitivity and complexity of these cases. We handle the legal process with the dedication it deserves, from conducting a thorough investigation to negotiating with insurance companies and, if necessary, representing you in court.

We are committed to helping your family secure the justice and financial resources needed to move forward. Let us bear the legal weight so you can focus on healing.If you have lost a loved one due to someone else’s negligence, do not wait. Contact Shrader Mendez & O’Connell at 813-360-1529 or contact us for a free, confidential consultation to understand your rights.