Losing a loved one hurts badly. What’s even worse is losing a loved one because of someone else’s negligence or otherwise wrongful act. A “wrongful death” occurs when someone dies as the result of another person or entity’s reckless, negligent, or intentional act. Wrongful death lawsuits can arise out of multiple different situations including:
- automobile accidents;
- defective or mislabeled products;
- medical malpractice;
- workplace hazards;
- intentional criminal actions;
- dangerous conditions on premises
The Florida Wrongful Death Act
Section 768.19, Florida Statutes, known as the Florida Wrongful Death Act, authorizes a wrongful death lawsuit for money damages “when a person’s death is caused by the wrongful act, negligence, default or breach of contract or warranty.” The estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death, and the losses stemming from it.
A wrongful death case is a civil claim seeking money damages. The case is brought to court by the deceased person’s estate. Liability in a wrongful death claim is expressed solely in terms of money damages.
Although a criminal case related to the death might also be filed in court, that case is the government’s prosecution of the wrongdoer, and typically focuses on criminal punishment. Typically, the criminal case does not result in damages being paid to the estate or the surviving family members.
Who May Bring a Florida Wrongful Death Claim?
Florida law requires the personal representative of the deceased person’s estate to file the wrongful death claim. The personal representative may be named in the deceased person’s will or estate plan. If there is no will or estate plan, the personal representative will be appointed by the court.
Although the wrongful death claim is filed by the personal representative, it is filed on behalf of the deceased person’s estate and any surviving family members. In the wrongful death claim, the personal representative must list every survivor who has an interest in the case.
Who Is Entitled To Recover Damages In A Florida Wrongful Death Case?
Family members who may recover damages in a Florida wrongful death case include:
- the deceased person’s:
- spouse (the surviving spouse usually has a claim for the lost companionship that resulted from the deceased’s death, as well as for the surviving spouse’s own emotional trauma arising out of the death);
- minor children (but usually not adult children) may also be awarded damages for the lost benefits of their relationship with the deceased parent, including comfort and support. If a child is born to unmarried parents, the child can recover damages in a wrongful death case if his or her mother dies. If the child’s father dies, however, the child can only recover damages if the father had formally recognized the child as his own and was obligated to contribute to the support of the child);
- parents (parents of a minor child who passed away–but usually not parents of adult children– can also recover damages for their emotional trauma and the lost relationship with the child);
- any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services”;
Time Limits for Filing a Florida Wrongful Death Lawsuit
A wrongful death lawsuit in Florida must be filed within two years of the date of death in most cases, according to Section 95.11 (4)(d), Florida Statutes. The deadline may be “tolled,” or postponed, under a few very specific circumstances. It’s critical to understand and follow the deadline set by the statute of limitations, otherwise you could lose your right to bring your wrongful death lawsuit to court. Andrea McMillan with the Law Offices of Andrea D. McMillan will determine exactly when the statute of limitations expires in your case.
Damages Recoverable in Florida Wrongful Death Cases
Section 768.21, Florida Statutes states what categories of damages may be recovered in a wrongful death lawsuit. Surviving family members may recover:
- the value of support and services the deceased person provided to the surviving family member;
- loss of companionship, guidance, and protection provided by the deceased person;
- mental and emotional pain and suffering due to the loss of a child; and
- medical or funeral expenses any surviving family member paid for the deceased person,
The deceased person’s estate may also recover certain types of damages. These include:
- lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived;
- lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived; and
- medical and funeral expenses that were paid by the estate directly
Punitive Damages Are Recoverable In Certain Cases
In cases where intentional, reckless, or malicious conduct caused the death, surviving family members may also be able to recover punitive damages, which are designed to punish the bad behavior and to deter similar behavior in the future. There is a limit to the amount of punitive damages that can be recovered.
We’re Here To Help You
If you have lost a loved one due to the negligence or other wrongful act of another, let Andrea McMillan with the Law Offices of Andrea D. McMillan, PA assist you. She understands all too well the pain of losing a loved one in this situation. She will treat you with compassion and empathy, as she fights to get you and your family the compensation you deserve. Call her at (561) 612-5700 for a free consultation.