A Florida wrongful death claim occurs when someone dies due to the negligence, recklessness, or intentional misconduct of another party. If the deceased could have filed a personal injury lawsuit had they survived, their death qualifies as wrongful under Florida law.
The Florida Wrongful Death Act, codified in Florida Statute Section 768.19, establishes the legal framework for these claims. This statute determines who can file, what damages are recoverable, and the procedures required to pursue compensation.
Losing a loved one unexpectedly is one of the most painful experiences anyone can face. Beyond the emotional toll, families are often left with financial burdens and unanswered questions about how such a tragedy could have happened. A Florida wrongful death claim is not just about compensation. It’s about seeking accountability and ensuring your family’s future is protected. Our role, as Florida personal injury attorneys, is to guide you through this difficult time with compassion, clarity, and the legal support you need to find some measure of justice and peace.
Who Can File a Wrongful Death Claim?
Only specific parties have standing to bring a wrongful death claim. The personal representative of the deceased’s estate files on behalf of survivors, which may include:
- Surviving spouse
- Children (biological or adopted)
- Parents
- Blood relatives or adoptive siblings who were dependent on the deceased
Common Causes of Wrongful Death in Florida
A Florida wrongful death claim can stem from many types of accidents caused by negligence or misconduct. At our firm, we represent families who have lost loved ones in tragic and preventable incidents such as:
- Fatal car accidents
- Deadly truck collisions
- Motorcycle crashes
- Pedestrian, bicycle, and scooter accidents resulting in death
- Recreational accidents (such as boating tragedies)
- Defective or dangerous products causing harm
Each case is unique, but they all share one common thread: someone’s negligence led to an unimaginable loss.
Civil vs. Criminal Cases
Florida wrongful death claims proceed in civil court, seeking monetary damages rather than criminal punishment. The burden of proof is lower than in criminal cases, and the outcome results in financial compensation, not incarceration.
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Identifying Eligible Parties and Filing Deadlines in Florida Wrongful Death Claims
Florida law clearly defines who has the right to file a wrongful death claim, and understanding this process can help protect your family’s rights during a difficult time. Only the personal representative of the deceased’s estate is legally authorized to initiate the lawsuit. This representative acts on behalf of the estate and all eligible survivors, ensuring that the interests of everyone who depended on the deceased for support or services are included.
The law also requires that all potential beneficiaries be identified in the complaint, along with their relationship to the deceased. This ensures that the lawsuit fully accounts for each eligible survivor’s right to recover damages, both for financial losses and the non-economic impact of their loved one’s death. The personal representative cannot selectively exclude family members, as the law is designed to ensure fair and complete compensation for all those affected by the loss.
Timing is also critical. Florida Statute § 95.11(4)(d) establishes a strict two-year deadline for filing a wrongful death claim from the date of the decedent’s death. Missing this deadline can permanently bar the family from pursuing justice and financial recovery. Courts typically enforce this statute without exception, which is why it is essential to act promptly and consult with an experienced wrongful death attorney. By doing so, families can focus on grieving while knowing that their loved one’s legacy and their financial protections are being preserved.
Types of Damages Recoverable in Florida Wrongful Death Claims
Florida wrongful death claims allow survivors to pursue two distinct categories of compensation. Understanding these types of damages in wrongful death cases helps families recognize the full scope of their potential compensation.
1. Economic Damages
Economic damages provide tangible financial relief for measurable losses:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost earnings and loss of financial support the deceased would have provided
- Loss of inheritance and net accumulations the estate would have received
The calculation of lost earnings considers the decedent’s work history, earning capacity, life expectancy, and health status. Expert testimony often establishes these projections.
2. Non-Economic Damages
Non-economic damages address the profound emotional impact on survivors:
- Pain and suffering endured by family members
- Loss of companionship and protection
- Loss of parental guidance and instruction for minor children
- Mental anguish from the sudden loss
Each surviving family member may recover separate non-economic damages based on their unique relationship with the deceased. A spouse’s loss of companionship differs from a child’s loss of parental guidance, and Florida law recognizes these individual impacts when determining appropriate compensation.
What to Do After a Loved One Passes
Losing someone unexpectedly is overwhelming, and knowing the steps to take after their death can help protect your family’s rights. Immediately after a loved one passes due to someone else’s negligence, consider these key actions:
- Notify the authorities and obtain official reports. If the death was accidental or suspicious, ensure police or other relevant authorities document the incident. Copies of accident or police reports will be critical for your claim.
- Preserve evidence. Keep any relevant records, photos, or communications related to the incident, including medical records, vehicle information, or product details if a defective product was involved.
- Consult an experienced wrongful death attorney. Florida law has strict timelines and specific rules about who can file a claim. Speaking with a Florida wrongful death lawyer early helps protect your family’s right to recover damages.
- Document financial and emotional losses. Keep records of the deceased’s income, benefits, and contributions to the household, as well as any expenses or emotional hardships your family experiences.
Taking these steps can help you build a strong case while allowing your family to focus on grieving and healing. Your attorney can guide you through each stage, ensuring your loved one’s death is properly documented and the responsible parties are held accountable.
Negotiating Settlements with Insurance Companies in Wrongful Death Cases
Insurance adjusters have one main goal: to pay out as little as possible. When it comes to handling wrongful death claims in Florida, they often use tactics aimed at reducing settlement amounts or denying claims altogether. They may reach out to grieving families soon after the death occurs, hoping to secure quick settlements before the survivors fully grasp the value of their claim.
Experienced Florida wrongful death attorneys counter these tactics through strategic approaches:
- Comprehensive documentation: Building detailed records of all economic and non-economic losses before entering negotiations.
- Expert witness testimony: Presenting actuarial calculations and economic projections that establish the true financial impact.
- Deadline leverage: Using the insurance company’s own time constraints and legal obligations to apply pressure.
- Demand letters: Crafting persuasive correspondence that outlines liability evidence and damage calculations.
Insurance companies often delay payments, request excessive documentation, or make lowball initial offers. Florida personal injury lawyers specializing in negotiating with insurance companies recognize these delay tactics and respond with firm deadlines and litigation threats when necessary. They understand that insurance adjusters respect legal representation and adjust their settlement offers accordingly when facing prepared counsel ready to take cases to trial.
Supporting You and Your Family After a Tragic Loss with Your Florida Wrongful Death Claim
At Personal Injury Attorneys McQuaid & Douglas, we understand how overwhelming it can feel to lose a loved one due to someone else’s negligence. With years of experience handling Florida wrongful death claims, our skilled attorneys are here to guide you every step of the way. You can trust that your case will receive the dedicated attention it deserves from lawyers who know the complexities of wrongful death claims throughout St. Petersburg and the Tampa Bay area.
Attorneys Sean McQuaid and Jonathan Douglas lead a dedicated team of Florida personal injury professionals who work tirelessly on your behalf. From documenting your family’s economic losses and calculating the impact of lost financial support to presenting strong evidence of emotional and non-economic damages, we handle every detail of your wrongful death claim. Our deep knowledge of local Florida courts and insurance practices ensures you have the strongest possible representation and the best chance to recover the compensation you deserve during this incredibly painful and life-altering time.
FAQs (Frequently Asked Questions)
What is a wrongful death claim under Florida law?
A wrongful death claim in Florida arises when a person dies as a result of another party’s negligence or intentional act. Eligible family members and the personal representative of the deceased’s estate can file a claim to recover damages for financial losses, emotional suffering, and other harms caused by the death.
Who is eligible to file a Florida wrongful death claim?
Only certain parties are eligible to file a Florida wrongful death claim. The claim must be filed by the personal representative of the deceased person’s estate, acting on behalf of surviving family members such as a spouse, children, or parents.
What is the statute of limitations for filing a wrongful death claim in Florida?
The statute of limitations for filing a Florida wrongful death claim is typically two years from the date of the person’s death.
What types of damages can be recovered in a Florida wrongful death case?
Damages recoverable in Florida wrongful death claims include economic damages such as medical expenses, funeral and burial costs, lost earnings or financial support, and loss of inheritance. Non-economic damages may also be awarded for pain and suffering, loss of companionship, protection, parental guidance, and instruction.
How do insurance companies handle wrongful death claims in Florida?
Insurance companies undervalue wrongful death claims. Experienced attorneys employ strategies to negotiate effectively with insurance adjusters to ensure fair settlements that adequately compensate families for their losses under Florida wrongful death laws.
Contact Us Today For A Free Consultation
You don’t have to face the financial burden of wrongful death alone. At Personal Injury Attorneys McQuaid & Douglas, we are ready to provide the trusted legal representation your family needs during this devastating time.
Our firm offers free case review consultations to families navigating Florida wrongful death claims. During this initial meeting, we’ll help you understand your legal rights, evaluate the full scope of recoverable damages, and outline a strategic path forward for your case.
Time matters in wrongful death cases. The two-year statute of limitations means every day counts toward building your strongest possible claim. Contact us today for your free consultation to begin the process of recovering the damages your family deserves while you focus on healing.
