When someone dies because of another person's negligence, recklessness, or intentional wrongdoing, the grief-stricken family faces not only emotional devastation but often severe financial hardship...
When someone dies because of another person's negligence, recklessness, or intentional wrongdoing, the grief-stricken family faces not only emotional devastation but often severe financial hardship as well. Florida's Wrongful Death Act provides a path for surviving family members to seek compensation—holding the responsible party accountable while providing financial resources to help the family move forward. But wrongful death claims have specific rules about who can file, what damages are available, and how the process works. Understanding these rules is essential for any Florida family considering a wrongful death lawsuit after losing a loved one.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies due to another party's wrongful act, negligence, or breach of duty. It allows the deceased person's survivors to recover compensation for their losses—both economic and emotional—resulting from the death.
Wrongful death claims can arise from virtually any type of fatal incident, including car, truck, and motorcycle accidents, medical malpractice, defective products, workplace accidents, criminal acts, and premises liability incidents like drowning or falls.
The key element is that the death resulted from conduct that would have entitled the deceased to bring a personal injury lawsuit had they survived. In essence, the wrongful death claim steps into the shoes of the case the deceased person could have pursued.
Wrongful death claims are separate from any criminal prosecution. Even if the responsible party is criminally charged, the family can pursue civil compensation independently. And even if criminal charges aren't filed or result in acquittal, a wrongful death lawsuit can still succeed because civil cases have a lower burden of proof.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law is specific about who can pursue a wrongful death claim. Under Florida Statute 768.20, only the personal representative of the deceased person's estate can file the lawsuit. This is true even though the damages recovered go to surviving family members.
The personal representative is typically named in the deceased's will or appointed by the probate court. If no estate has been opened, one must be established to pursue the wrongful death claim. The personal representative acts on behalf of both the estate and the survivors.
While only the personal representative can file the lawsuit, the damages recovered benefit specific survivors defined by Florida law. These 'survivors' include the surviving spouse, children (including adopted children and adult children), parents (if the deceased was a minor or there's no surviving spouse or children), and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support.
Each category of survivor can recover different types of damages under Florida law.
Damages Available in Florida Wrongful Death Cases
Florida's Wrongful Death Act specifies what damages each category of survivor can recover:
Surviving spouses can recover for lost companionship, protection, and support from the date of injury through their life expectancy, plus mental pain and suffering from the death.
Minor children can recover for lost parental companionship, instruction, and guidance from the date of injury through age 25, plus mental pain and suffering.
Adult children can recover for mental pain and suffering only if there's no surviving spouse. They cannot recover for lost companionship as adult children.
Parents of minor children can recover for mental pain and suffering, plus lost companionship and support. Parents of adult children can recover for mental pain and suffering only if there's no surviving spouse or children.
Dependent relatives can recover for lost support and services from the date of injury.
The estate can recover medical and funeral expenses, lost earnings of the deceased from the date of injury until death, and loss of the prospective net accumulations (what the deceased would have earned and saved over their lifetime).
Understanding 'Net Accumulations'
One of the most significant—and often contested—damages in wrongful death cases is loss of prospective net accumulations. This represents what the deceased would have earned over their working life, minus what they would have spent on their own personal consumption.
Calculating net accumulations requires expert economic analysis considering the deceased's age, education, and career trajectory, their earning history and projected future earnings, work life expectancy, inflation and present value adjustments, and the portion of earnings that would have been saved or used for family support.
For high-earning individuals or those with promising careers ahead, net accumulations can reach millions of dollars. For children or non-earning family members, this calculation may be minimal, but other damages like lost companionship remain substantial.
The net accumulations recovery goes to the estate, which then distributes according to the deceased's will or Florida intestacy laws.
The Wrongful Death Lawsuit Process
Pursuing a wrongful death claim involves several stages:
Estate administration must begin if not already underway. The personal representative needs legal authority to file suit.
Investigation determines what happened, who was responsible, and what damages the family suffered. This may involve accident reconstruction, medical record review, and economic analysis.
Filing the lawsuit initiates the legal process. The complaint identifies the defendants, describes the wrongful conduct, and outlines the damages sought.
Discovery allows both sides to gather evidence through depositions, document requests, and expert consultations. This is often the longest phase of the case.
Negotiation and mediation attempt to resolve the case without trial. Many wrongful death cases settle before trial, though settlement amounts must fairly compensate the family's losses.
Trial becomes necessary if settlement isn't reached. The jury hears evidence and determines liability and damages.
Throughout this process, the family deals with their grief while the legal case proceeds. A compassionate attorney handles the legal complexities, allowing the family to focus on healing.
Time Limits for Filing a Wrongful Death Claim
Florida's statute of limitations for wrongful death claims is two years from the date of death. This deadline is strictly enforced—missing it bars the claim forever.
Two years may seem like adequate time, but wrongful death cases require substantial investigation and preparation. Establishing the estate, gathering evidence, identifying all responsible parties, and calculating damages all take time. Families understandably focus on grieving and adjusting to life without their loved one, which can cause legal deadlines to approach quickly.
Certain circumstances may affect the limitations period. Claims against government entities may have shorter notice requirements. Medical malpractice cases have specific pre-suit requirements that effectively shorten the available time. Claims involving minors may have extended deadlines.
Consulting an attorney promptly after a wrongful death protects your rights and ensures deadlines are met.
Choosing a Wrongful Death Attorney
Wrongful death cases are emotionally and legally complex. Choosing the right attorney matters for both the outcome and the family's experience through the process.
Look for an attorney who handles wrongful death cases specifically—not just personal injury generally. These cases have unique legal rules and require sensitivity to grieving families.
Experience with similar cases matters. An attorney who has handled car accident deaths understands different issues than one experienced with medical malpractice fatalities.
Resources to properly pursue the case are essential. Wrongful death cases often require expensive expert witnesses, accident reconstructionists, and economists. The law firm must have resources to advance these costs.
Compassion and communication are crucial. You'll work with this attorney through an emotionally difficult time. Choose someone who treats you with respect and keeps you informed.
Most wrongful death attorneys work on contingency—they don't charge fees unless they recover compensation. This makes legal representation accessible regardless of the family's financial situation.
Contact Emas Law Group Today
Losing a loved one to someone else's negligence is devastating. While no lawsuit can bring them back, a wrongful death claim can hold the responsible party accountable and provide financial security for the family left behind. Understanding who can file, what damages are available, and how the process works helps families make informed decisions during an incredibly difficult time. At Emas Law Group, we approach wrongful death cases with the compassion and dedication these sensitive matters deserve. We handle the legal complexities so you can focus on your family and your grief. If you've lost a loved one due to another's negligence, contact us for a free, confidential consultation to discuss your rights and options.
Frequently Asked Questions
Can I file a wrongful death lawsuit myself?
Only the personal representative of the deceased's estate can file the lawsuit, even if you're a surviving family member. If you're not the personal representative, one must be appointed through probate court. An attorney can help establish the estate and pursue the claim.
How long does a wrongful death case take?
Timelines vary significantly. Simple cases may resolve in months; complex cases can take years. Factors include how clear liability is, how many defendants are involved, whether the case settles or goes to trial, and court scheduling.
What if the person who caused the death has no money?
Many wrongful death claims are paid by insurance—auto insurance, professional liability insurance, commercial policies, etc. Defendants may have more coverage than is immediately apparent. Investigating all potential sources of recovery is part of the attorney's job.
Can adult children recover damages in a wrongful death case?
Adult children can recover for mental pain and suffering only if there's no surviving spouse. They cannot recover for lost companionship the way minor children can. However, if they were financially dependent on the deceased, additional damages may be available.