Losing a loved one is one of the most painful experiences anyone can endure, especially if the death was caused by someone else’s negligence or wrongful act. In such tragic circumstances, a wrongful death lawsuit may be a path for survivors to seek justice and financial stability.
At DWK Law, we understand the emotional and legal complexities of these cases, and our Orlando wrongful death lawyers are here to help you and your family obtain justice on your loved one’s behalf. Keep reading for an in-depth overview of how wrongful death suits work in Florida. When you’re ready, contact us online or call (407) 244-3000 to schedule your free consultation.
Understanding wrongful death lawsuits
A wrongful death lawsuit is a civil action that the surviving family members or the estate of the deceased can file against the person or entity responsible for the death. This legal action seeks compensation for the survivors’ loss, including lost wages from the deceased, lost companionship, and funeral expenses.
Key elements of a wrongful death suit
Establishing liability
The cornerstone of how wrongful death suits work involves proving that the negligence, breach of contract, or wrongful act of another caused the death. Under Florida Statutes § 768.19, it is essential to establish that the deceased would have had a valid personal injury claim if they had survived. This involves demonstrating:
- Duty of care – The defendant had a duty to act or refrain from acting in a way that would not harm others.
- Breach of duty – The defendant failed to meet this duty through negligence or wrongdoing.
- Causation – The breach of duty directly caused the death.
- Damages – The death resulted in quantifiable damages that the surviving family members or estate are now claiming.
Who can file a wrongful death suit in Florida?
Florida law specifies who may file a wrongful death claim. According to Florida Statutes § 768.20, the personal representative of the deceased’s estate must file the lawsuit. This representative acts on behalf of the deceased’s survivors, including the spouse, children, parents, and any relative or adoptive sibling partly or wholly dependent on the deceased person for support or services.
Types of recoverable damages
Various damages may be recovered in a wrongful death lawsuit, detailed in Florida Statutes § 768.21. These include:
- Loss of support and services – Compensation for the support and services the deceased previously provided to the surviving family members.
- Loss of companionship and protection – Compensation for the loss of companionship and protection provided by the deceased to the family members.
- Mental pain and suffering – Awarded to the surviving family members for the mental pain and suffering from the time of the injury until death.
- Medical and funeral expenses – Any medical or funeral expenses paid by a survivor or the estate can be claimed.
The legal process for wrongful death suits in Florida
Filing the lawsuit
A wrongful death lawsuit must be filed within a specific period, known as the statute of limitations. The lawsuit must be filed within two years of death in Florida, as specified in Florida Statutes § 95.11.
Discovery phase
Once the lawsuit is filed, the case enters the discovery phase, where each party investigates the other’s claims and defenses. This involves gathering evidence, conducting depositions, and building a strong case.
Settlement or trial
Many wrongful death suits are settled out of court. If a settlement cannot be reached, the case will go to trial, where a jury or judge will determine liability and damages.
Did you lose a loved one in an incident that wasn’t their fault? We can help.
At DWK Law, we understand that no amount of money can replace a loved one, but pursuing a wrongful death lawsuit can provide financial security and a sense of justice.
If you believe your loved one’s death was caused by someone else’s negligence or wrongful act, please contact us for a compassionate and comprehensive legal consultation. Our experienced team is here to guide you through every step of the process, ensuring your rights are protected and you receive the compensation you deserve. Call (407) 244-3000 now.
