Experiencing a personal injury is traumatic, but when such injuries result in death, the impact on families is devastating. In Florida, wrongful death claims provide a legal avenue for families to seek justice and compensation.
Under Florida law, wrongful death occurs when a person’s death is caused by the wrongful act or negligence of another. Essentially, if the decedent could have pursued a personal injury claim had they survived, a wrongful death claim is viable.
Common causes include car accidents, medical malpractice, violent crime and workplace incidents. These incidents often involve significant costs that can place a substantial financial burden on the family of the deceased.
Florida’s wrongful death statute is specific about who can file a claim. The decedent’s personal representative, often appointed through the probate court, files the lawsuit on behalf of the deceased’s estate and surviving family members.
The claim must identify all potential beneficiaries, including the decedent’s spouse, children, parents, and any blood relatives or adoptive siblings who were dependent on the decedent for support or services.
The Florida Statutes outline various damages that survivors can recover:
Certain limitations exist within the Florida wrongful death statutes:
While no amount of money can replace a lost loved one, a wrongful death claim can provide financial support and a sense of closure for grieving families.
An experienced personal injury attorney can provide invaluable assistance, ensuring that the rights of the decedent’s survivors are fully protected. They help accurately identify all potential damages, gather necessary evidence, and advocate on behalf of the family in court.
If you are facing such a tragic situation, contact us for a consultation. We have obtained some of the largest wrongful death settlements and verdicts in Florida, and have experience in working with families who have lost loved ones.
In Florida, a wrongful death is defined as a death caused by the wrongful act, negligence, default, or breach of contract or warranty by another person or entity. If the deceased could have pursued a personal injury lawsuit had they survived, their estate may bring a wrongful death claim. Common causes include car accidents, medical malpractice, workplace incidents, and violent crimes. Florida law allows the decedent’s personal representative to file the claim on behalf of surviving family members and the estate.
Only the personal representative of the deceased’s estate may file a wrongful death lawsuit in Florida. This representative acts on behalf of all eligible survivors, including the decedent’s spouse, children, parents, and any other blood relatives or adoptive siblings who were financially dependent on the deceased. The personal representative is typically appointed by a probate court and is responsible for identifying and including all potential beneficiaries in the claim.
Florida law allows survivors to recover several categories of damages in wrongful death cases. These include loss of support and services, loss of companionship and protection, mental pain and suffering, lost parental guidance for children, and medical and funeral expenses. The estate may also recover for lost earnings and the potential net accumulations the decedent would have added to their estate had they lived. Each type of damage addresses a different area of loss experienced by the family.
In Florida wrongful death cases, survivors who have paid for medical or funeral expenses related to the decedent’s final injury may recover these costs. Additionally, the estate may include these expenses as part of the total damages sought. These can range from emergency medical care and intensive treatment to burial or cremation services and associated funeral costs. Proper documentation is crucial to ensure these expenses are appropriately accounted for during litigation.
Emotional suffering is compensable in specific circumstances under Florida’s wrongful death statute. The surviving spouse may claim damages for mental pain and suffering due to the loss of companionship and protection. Minor children—and all children if there is no surviving spouse—can also claim for the loss of parental companionship and guidance. Parents may recover for mental anguish if their minor child dies, or their adult child dies with no other survivors. These damages acknowledge the profound emotional toll caused by the loss.
Yes, Florida imposes specific limitations in wrongful death claims arising from medical negligence. Adult children cannot recover damages for the loss of parental companionship and guidance. Similarly, parents of an adult child cannot claim damages for mental pain and suffering unless there are no other survivors. These restrictions do not apply in non-medical negligence cases and often require careful legal evaluation to determine which damages are recoverable under the circumstances.
A wrongful death attorney plays a critical role in securing justice and compensation for grieving families. The legal process can be complex, especially when calculating damages like lost income, net accumulations, or emotional suffering. At Leighton Panoff Law, we have decades of experience and a record of achieving substantial settlements and verdicts in wrongful death cases. Our compassionate, expert team ensures that your rights are protected and that your family receives the support and compensation you deserve. Contact us today for a consultation.
A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite