Florida's Wrongful Death Statute

A wrongful death lawsuit is one that seeks compensation for some misconduct, wrongdoing, or negligence that results in the death of another. A wide variety of conduct can make up for the underlying claim including: car crashes, motorcycle accidents, truck accidents, medical malpractice, failure to diagnose, or intentional torts like battery.

In short, anything that the deceased person could have sued for (but for his death) can make up the basis for a wrongful death suit. In most cases, the lawsuit will be drafted so that the wrongful death claim is just one of the claims on the complaint, in addition to the underlying claim.

Who Can Bring a Wrongful Death Suit?

In Florida, a wrongful death suit may only be brought by the personal representative of the decedent’s estate. The personal representative is the person named in the will (or appointed by the court in the absence of a will) to take care of the administration of the will after someone’s death.

The personal representative brings the lawsuit on behalf of the estate and, if there is a verdict or settlement against the defendant, the proceeds of the lawsuit go to the estate and are distributed in accordance with the will of the decedent. If the decedent did not leave a will, the proceeds are distributed according to Florida’s intestacy laws.

What Damages Are Available?

Florida’s wrongful allows the estate to recover the lost earnings of the deceased as well as medical and funeral expenses. In addition to this, each of the following family members may state a claim:

Each Survivor: Each survivor is entitled to compensation for the lost support and services of the decedent, continuing into the future. This includes compensation for mowing the lawn, driving the kids to soccer practice, or other household chores.
Surviving Spouse: The surviving spouse may recover for loss of companionship, protection, and mental pain & suffering.
Minor Children: Minor children may recover for loss of compansionship, instruction, guidance, and mental pain and suffering. For the purposes of this statute, “minor children” means anyone under the age of 25. If there was no surviving spouse, this category is no longer limited to the minor children, and those who are over the age of 25 may also recover.
Parents of Deceased Minor Children: In the tragic case that a minor child was the victim, his/her parents are entitled to recovery for mental pain and suffering.

How Soon Must the Personal Representative File Suit?

The statute of limitations for a wrongful death action in Florida is two years. However, there may be good reason for filing your case early. If a friend or family member has died as a result of someone else’s negligence, please contact us today to discuss your case.

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