Everything You Need To Know About A Wrongful Death Lawsuit Florida

Losing a loved one due to another individual negligence is incredibly hard to recover from. Most often, the surviving family members wonder how they can find justice. 

A wrongful death lawsuit Florida is a viable option in these circumstances. According to the Wrongful Death Act, the estate of the victim has the legal authority to launch a claim on behalf of the family.

While this won’t bring your loved one back, it can hold the liable party accountable for their actions, which may help bring some comfort to you and your family. 

What is Florida’s Wrongful Death Act?

If a person dies due to someone else’s negligence, the Wrongful Death Act kicks in to assist families in recovering support compensation. The exact statute is called “Right of Action” and it mandates that when a person’s death is caused by a wrongful act, default, negligence, or breach of contract, the deceased’s estate has the right to file a suit against the liable parties in civil court.

This means there are no criminal charges and the goal of the suit is to pursue financial compensation for any losses incurred by death. 

Individuals with the right to bring a wrongful death lawsuit Florida

In wrongful death claims, it’s generally the personal representative of the estate filing the claim. They are usually appointed by the decedent in the will. However, if there is no will, the spouse or another family member will be designated as the personal representative by the court.

Keep in mind that even though the personal representative is the plaintiff in the wrongful death lawsuit Florida, they recover damages on behalf of the surviving family or the estate.

Most common causes of wrongful deaths

Different types of conduct can lead to wrongful death claims, including (but not limited to):

• Car accidents
• Pedestrian accidents
• Work accidents
• Accidents on commercial or residential premises
• Medical malpractice

There are plenty of other circumstances in which filing a wrongful death claim is available. To make matters more simple, if the victim had the right to sue had they survived, the family can file a lawsuit too. 

How much are wrongful death claims worth?

Each case is unique so there’s no precise way of determining average values of wrongful death claims. 

The only way to get an estimate is to speak with an experienced attorney. A legal professional can evaluate the facts, conduct further research, and determine which damages you can reasonably expect.

Depending on the circumstances, you can recover the following types of damages:

• Funeral expenses and medical bills

Since the family paid for their loved one’s funeral and medical treatment, they can recover the same amount as damages. 

• Lost earnings

The estate can also recover the victim’s lost future earnings such as pension benefits the deceased individual would have earned. 

• Loss of support and services

Surviving family members can recover the victim’s future contributions like money, property, and even physical labor (value of services the deceased would have rendered had they not passed away).

• Pain and suffering

It’s also possible to recover damages for the pain and suffering that the death of a loved one has caused. Compensation is only available to the spouse or a surviving child under the age of 25. 

• Loss of companionship

Surviving relatives also have the right to recover damages for loss of companionship and protection. This includes the loss of instruction, cooperation, support, and guidance.

Not all relatives are eligible to recover compensation for loss of companionship, which is only available for the surviving spouse or a minor child. Adult children can also recover these damages but only if the decedent had no spouse. 

Things you must prove to win a wrongful death lawsuit Florida

To win a claim, the plaintiff must prove several elements:

• Tortious conduct:the defendant has acted negligently or recklessly and their conduct directly led to death.
• Victim had the right to sue the defendant: it’s necessary to prove that the victim themselves would have had the right to file a claim against the defendant had they survived.
• Personal representative and family members are identified: for a valid wrongful death claim, the personal representative of the estate and any surviving family members must be identified. 
• Causation and damages: the negligent conduct caused financial and personal losses to the family members and the estate.

This applies to all forms of wrongful death claims apart from medical malpractice. If you lost a loved one due to a medical error by a healthcare professional (which includes acts of omission), these elements must be present for a valid claim:

• Duty of care:the defendant must have had the professional duty of care towards the victim. In other words, the doctor/patient relationship was established.
• Breach of duty of care:the medical professional breached their duty by failing to act in a manner a reasonably skilled physician would have in similar circumstances.
• Causation: the decedent suffered injuries due to the medical professional’s negligence that directly caused their death.
• Damages: the medical provider’s negligence caused financial damages to the victim, or in this case, their family.

Proving the second and third elements requires a great deal of expertise. This is why it’s necessary to hire a specialized medical malpractice attorney instead of just a regular personal injury lawyer.

Speak with an attorney now

If your family member died due to a medical professional’s carelessness, you may have the right to file a wrongful death lawsuit Florida. Considering the complex nature of the matter at hand, you need experts handling your case if you’re to successfully prove that medical negligence contributed to your loved one’s death.

Here at Chakour Law, we are bona fide experts in malpractice and have helped Florida citizens who lost a loved one due to a negligent physician’s actions. Besides the medical background of some of our team members, we also bring an unprecedented level of compassion to the case. No amount of compensation will erase the pain you suffered, but we can help you keep the responsible party accountable for their heinous actions. 

Schedule a case review by calling (833) 633-6257 or filling out our contact form.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.