Losing a loved one is always a devastating experience, and when that loss is due to someone else's negligence or wrongful actions, it can be even more painful. In Florida, the law allows the survivors of those who have died as a result of another's wrongdoing to seek compensation through a wrongful death claim. Understanding the ins and outs of this process can help you navigate the legal landscape during this challenging time.
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In Florida, wrongful death claims are governed by statutes outlined in the Florida Wrongful Death Act. The statute allows for the recovery of damages for the beneficiaries of the deceased person. The personal representative of the deceased person's estate is typically the individual who files the wrongful death claim. This representative is usually named in the deceased person's will or appointed by the court if there is no will. It’s important to note that while the personal representative files the claim, the compensation awarded from the claim goes to the surviving family members, which may include:
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Spouse
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Children
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Parents
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Siblings
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Other relatives who were financially dependent on the deceased
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To successfully pursue a wrongful death claim, the following elements must be demonstrated:
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Duty of Care: The defendant owed a duty of care to the deceased. For instance, drivers must adhere to traffic laws to ensure the safety of others on the road.
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Breach of Duty: The defendant breached that duty through negligent or wrongful actions. This could manifest as drunk driving, distracted driving, medical malpractice, or hazardous conditions on a property.
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Causation: The breach of duty directly caused the death of the individual. Establishing a clear link between the defendant’s actions and the fatal incident is essential.
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Damages: The surviving family members must demonstrate that they suffered damages as a result of the deceased’s death. This can include emotional pain and suffering, loss of companionship, and financial losses.
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Economic Damages: These include tangible losses, such as medical bills, funeral costs, lost wages, and loss of financial support. Economic damages compensate for the measurable financial impact the death has had on the family.
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Non-Economic Damages: These cover intangible losses, such as emotional distress, loss of companionship, and pain and suffering. Florida law caps the amount that can be awarded for non-economic damages in certain cases, but it’s crucial to discuss these limitations with your attorney
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Punitive Damages: In cases involving intentional misconduct or gross negligence, punitive damages may be awarded. These are designed to punish the at-fault party and deter similar conduct in the future.
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Under Florida Statute, a wrongful death action must be brought within two years from the time of death. Otherwise, the claim may be barred from being pursued in court. It is, therefore, crucial to consult with a personal injury attorney promptly after the loss of a loved one.
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Making a wrongful death claim in Florida is a critical step toward obtaining justice and compensation for the loss of a loved one. Understanding the legal requirements and navigating the complexities of the legal system can be daunting. Therefore, hiring an experienced personal injury lawyer is crucial. They can help you seek appropriate damages and ensure that your rights and those of your family are protected during this challenging time. If you believe you have a wrongful death claim, reach out to Florida Personal Injury Lawyer Bethany Dolezal of Dolezal Law, P.A., at (888) 411-7854 or bethany@dolezallaw.com.