A Guide To Filing A Wrongful Death Claim In Florida

Losing a loved one is already difficult, but even more so if it is due to someone else's careless or reckless behavior. Although nothing can bring your loved one back, it may lighten the burden a little if you get compensation through a wrongful death claim.

What Is A Wrongful Death Claim In Florida?

This type of lawsuit can be filed by the family or estate of a person who has died as a result of someone else's negligence or intentional act. The purpose of a wrongful death claim is to allow the family of the deceased to recover damages for their loss, including medical expenses, funeral and burial costs, lost income, and pain and suffering.

In Florida, a wrongful death claim can be filed by the personal representative of the deceased. They are tasked with bringing action to recover all damages for the benefit of the deceased person’s survivors and estate.

Who Recovers The Damages?

The personal representative has to make a list of all the people with interest in the wrongful death claim including:

• the deceased person's spouse
• the deceased person's children
• the deceased person's parents, and
• the deceased person's siblings (if they were financially dependent on the deceased up to their death).

If the deceased person was not married, had no children, no parents, and no siblings alive at the time of death, then the damages may be awarded to relatives.

What Damages Can Be Awarded In A Successful Florida Wrongful Death Claim?

The types of damages that can be recovered in a wrongful death claim depend on the specific facts of each case, but may include things such as medical expenses, funeral and burial costs, pain and suffering, loss of companionship, loss of parental guidance, and more.

How Long Do You Have To File A Wrongful Death Claim?

In the state of Florida, there are specific time constraints in place for filing a wrongful death claim. If you fail to adhere to these deadlines, you could forfeit your right to any potential compensation.

The exact amount of time you have to file a wrongful death claim in Florida depends on a few different factors, including who is responsible for the death and whether or not the case goes to trial. In general, however, families have two years from the date of death to file a lawsuit.

How To File A Wrongful Death Claim?

In order to file a successful wrongful death claim in Florida, you will need to prove that the defendant was at fault for your loved one’s death and that this caused you damages.

The process of filing a wrongful death claim can be complex, so it is important to consult with an experienced attorney who can help guide you through the process and represent your interests in court.

What Is The Average Wrongful Death Settlement?

Wrongful death cases settle for a range of figures. This is because economic damages (i.e. lost earnings, support, medical and funeral expenses, etc.) are uncapped in personal injury and wrongful death cases in Florida. It is said that the average in the state is anywhere between $500,000 and $1 million. However, there are factors that can change this amount, such as the defendant’s financial worth.

Final Thoughts

If you have recently lost a loved one and believe it was another person’s fault, you may be considering filing a wrongful death claim. If you’re unsure about whether or not you meet the requirements for filing this type of lawsuit in Florida, it’s best to speak with an experienced personal injury lawyer who can help guide you through the process and explain your options.