When a loved one passes away, it can be devastating for friends and family. However, it can be even more tragic when the death is entirely preventable. Unfortunately, a wrongful death can occur due to another party’s negligence. While there is no price tag on your family member’s life, ensuring the person is held responsible can help ease the stress associated with the death. If your loved one was killed due to another party’s negligent or reckless actions, knowing how to proceed with the case is essential. Keep reading to learn more about filing a claim and how a Broward County wrongful death lawyer can help you.

What Is Considered a Wrongful Death in Florida?

Under FL Stat § 768.19, wrongful death occurs when someone is killed due to another party’s negligence or recklessness. This claim is not made to put a price tag on the life of the deceased, but rather for their loved ones to receive compensation. Additionally, filing a claim is not necessarily a form of punishment for the negligent party, but rather to ease the financial burden death can place on the deceased’s loved ones. Because they have to live without their family member, the settlement can cover lost earnings if they were financially dependent on the deceased.

Though often accidents, there may also be a criminal investigation into the responsible party. However, a wrongful death is a civil suit, separate from the criminal lawsuit.

Situations That Commonly Lead to Wrongful Death Claims

  • Motor vehicle, trucking, and pedestrian accidents
  • Medical malpractice and failure to diagnose
  • Nursing home neglect or abuse
  • Workplace accidents
  • Criminal acts

Who Can File a Wrongful Death Claim in Florida?

Unlike many other states, Florida does not permit individual family members to pursue a wrongful death claim on behalf of their loved ones. As such, these claims must be filed by the personal representative of the deceased’s estate, and they will file on behalf of all eligible surviving relatives.

Role of the Personal Representative

  • Usually named in the decedent’s will
  • If no will exists, the representative will be named by the probate court
  • The representative will file the lawsuit on behalf of all qualifying survivors
  • They are responsible for identifying all potential survivors who will have an interest in damages
  • The representative will distribute compensation in accordance with the court order or statute

Survivors Who May Be Eligible for Compensation

The personal representative can file on behalf of the deceased’s loved ones, who typically include:

  • A surviving spouse
  • Minor children (adult children may qualify if they are dependents)
  • Parents of a deceased minor child
  • Parents of an adult child under certain circumstances
  • Other dependent relatives supported by the deceased

It’s important to understand, however, that eligibility varies by relationship and their financial or emotional dependency on the dependent.

What Damages Can Be Recovered in a Florida Wrongful Death Claim?

It’s critical to understand that damages are not intended to value the life of your loved one, but rather to help compensate the financial damages and emotional harm suffered by the survivor’s heirs.

Economic Damages

  • Funeral and burial expenses
  • Final medical treatment
  • End-of-life care
  • Financial support the deceased would have provided
  • Loss of household services
  • Loss of future earnings

Non-Economic Damages

  • Mental pain and suffering
  • Loss of companionship and protection
  • Loss of parental guidance and companionship
  • Emotional distress for the surviving spouse and children

What Must Be Proven in a Wrongful Death Case?

Though it can be challenging to prove wrongful death in Broward County, it’s essential to ensure that your loved one’s death was not in vain. Because wrongful death cases are civil, you must meet the standard of proof, which is the “preponderance of evidence”, which differs from the criminal standard of “beyond a reasonable doubt.” Essentially, this means that you must show that it is more likely than not that the defendant’s actions resulted in the death of a loved one.

Elements that Must Be Established

To prove wrongful death, there needs to be proof of negligence, which typically involves four different elements:

  • Defendant owed a legal duty of care
  • The defendant breached the duty of care through their negligence
  • The breach directly caused the death
  • The survivors have suffered calculable damages

What Is the Statute of Limitations for a Wrongful Death in Florida?

It’s important to understand that you only have a limited amount of time to pursue a wrongful death claim on behalf of your loved one in Florida. Generally, you will only have two years to file a claim against the negligent party, with limited exceptions.

Why Filing Deadlines Matter

  • Claims filed after the deadline are typically barred
  • Evidence and witness accounts may weaken over time
  • Insurance carriers often deny late claims
  • Early legal action can help preserve the rights of survivors

Contact Our Experienced Broward County Injury Attorneys

If your loved one was taken from you too soon, the team at Finizio Law Group wants to help ensure justice is served. Reach out to our team as soon as possible for a consultation to discuss your case.