What is a Wrongful Death Lawsuit in Florida?
A wrongful death lawsuit is a legal claim filed by the surviving family members of a person who has been killed due to the negligence or intentional misconduct of another person or entity. In Florida, wrongful death lawsuits are governed by the Florida Wrongful Death Act, which allows certain family members to recover damages for their losses, including medical expenses, funeral expenses, lost wages, and emotional distress.
Who Can File a Wrongful Death Lawsuit in Florida?
The following family members can file a wrongful death lawsuit in Florida:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased, if the deceased had no children
- The siblings of the deceased, if the deceased had no spouse or children
- The adult children of the deceased’s parents, if the deceased had no spouse, children, or siblings
How to Prove Wrongful Death in Florida
To prove wrongful death in Florida, the plaintiff must establish the following elements:
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty of care.
- The defendant’s breach of duty caused the deceased’s death.
- The plaintiff suffered damages as a result of the deceased’s death.
Damages Available in Wrongful Death Lawsuits in Florida
The following damages are available in wrongful death lawsuits in Florida:
- Medical expenses incurred by the deceased prior to death
- Funeral expenses
- Lost wages and benefits that the deceased would have earned in their natural lifetime
- Emotional distress suffered by the surviving family members
How Long Do Wrongful Death Lawsuits Take in Florida?
Wrongful death lawsuits can take several months or even years to resolve, depending on the complexity of the case and whether it goes to trial.
FAQs:
Q: What is the statute of limitations for wrongful death lawsuits in Florida?
A: The statute of limitations for wrongful death lawsuits in Florida is two years from the date of death. However, there are some exceptions to this rule, such as if the death was caused by a crime.
Q: What are the common causes of wrongful death in Florida?
A: Common causes of wrongful death in Florida include car accidents, medical malpractice, defective products, and premises liability.
Q: How much can I recover in a wrongful death lawsuit in Florida?
A: The amount of damages that you can recover in a wrongful death lawsuit in Florida will depend on the specific facts of your case. However, common damages include medical expenses, funeral expenses, lost wages, and emotional distress.
Q: What are the benefits of hiring a wrongful death lawyer in Florida?
A: An experienced wrongful death lawyer can help you navigate the legal process and fight for your rights. They can also help you gather evidence, negotiate with the defendant, and try your case in court if necessary.
Q: What should I do if I am considering filing a wrongful death lawsuit in Florida?
A: If you are considering filing a wrongful death lawsuit in Florida, the first thing you should do is contact an experienced wrongful death lawyer. They can help you assess your case and determine whether you have a valid claim.
Q: What happens if I lose my wrongful death lawsuit in Florida?
A: If you lose your wrongful death lawsuit in Florida, you will not be able to recover any damages. However, you may still be able to appeal the verdict.
References:
- Florida Wrongful Death Act: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.21.html
- Nolo: https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-florida.html
- Andrew Pickett Law: https://www.lorenzoandlorenzo.com/personal-injury-guide/wrongful-death-who-can-sue/
