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How Does Florida Law Define a Wrongful Death?
Florida’s legal statute, Section 678.18, has provisions for wrongful death claims. It says that wrongful death is the loss of life due to the following reasons:
- Negligence
- Breach of contract
- Wrongful act
Losing someone you love due to another person’s carelessness can leave you frustrated and wondering how to obtain justice. You can file a wrongful death lawsuit to get compensation for the loss with the help of a Bradenton personal injury law firm. While money can’t bring back your loved one, the wrongful death act can hold the at-fault party accountable and offer you some comfort.
Common Causes of Wrongful Death in Florida
Wrongful death can arise out of many types of conduct, but common causes include the following:
- Car accidents
- Medical malpractice
- Pedestrian and motorcycle accidents
- Defective products
- Unsafe commercial and residential premises
- Unsafe working conditions
- Accidental poisoning or drowning
- Professional negligence or malpractice
- Accidents in public spaces, such as amusement parks
Who Can File a Wrongful Death Claim in Florida?
The wrongful death statute allows the victim’s estate to file a wrongful death claim for the surviving family members. The family’s representative can bring a case against the party that caused the death. A personal representative can be the victim’s surviving spouse, parents, children, or siblings.
They act as the plaintiff in the wrongful death action, but the damages they recover are for the benefit of the victim’s surviving family members and the estate. Filing a claim can be complex, given the legal nuances involved in proving negligence or the other factors that led to the death. Skilled Bradenton wrongful death lawyers can help you navigate the process.
What Are the Grounds for Filing a Wrongful Death Claim?
For your wrongful death claim to be successful, you must demonstrate that the death was due to a wrongful act, default, negligence, or breach of contract warranty of someone else. One of the critical factors must be that the death was preventable but happened due to the actions or inactions of the defendant.
Proving negligence can be complex, yet a critical component of a wrongful death claim. It involves demonstrating the following vital elements:
- The offending party had a legal duty of care to the deceased
- The defendant breached the duty of care
- The action of the defendant directly resulted in the death of the victim
- A personal representative of the deceased’s estate and the surviving family members have been identified.
For example, if the death was due to a car accident, you must prove that the at-fault party was negligent, probably by speeding, driving under the influence, or disobeying traffic laws and that the negligence led to the accident responsible for the victim’s death.
What Damages Can I Recover in a Wrongful Death Claim?
If you’re successful in your wrongful death claim, the court may order the defendant to pay wrongful death damages to compensate you for your loved one’s death. Florida laws provide for the following types of damages in a wrongful death suit:
Damages Awarded to a Decedent’s Family
Damages paid to the family are in the form of money to compensate the surviving family members for the following, which can vary and is dependent upon the family member’s relationship to the deceased and who the eligible survivors are:
- Medical and funeral costs incurred by the surviving family members: Any family member who pays for the deceased’s medical and funeral expenses may be eligible to recover compensation
- Loss of the deceased’s companionship, instruction, protection, and guidance: Certain surviving family members can be eligible to recover these damages
- Mental pain and anguish: Losing a loved one can be emotionally distressing to the victim’s spouse and children, and they can be eligible to receive these damages
- Loss of financial, moral, and emotional support provided by the deceased: Each surviving family member might recover lost past and future contributions from the deceased, including money, property, and physical labor.
Damages Paid to the Decedent’s Estate
Wrongful death lawyers in Bradenton add that the decedent’s estate can also recover certain types of damages, such as the following:
- Lost wages, benefits, and other earnings from the decedent’s date of injury to the date of death
- Medical and funeral costs paid directly by the estate
- The value of earnings and benefits your loved one could reasonably have saved and left as part of the estate if they had survived.
How Much Time Do I Have to File a Wrongful Death Claim?
If you wish to bring forward a wrongful death claim, take action as soon as possible after the loss of your loved one. Wrongful death attorneys in Bradenton can explain there is a deadline or statute of limitations for filing such lawsuits, which is within two years from the time of death. Missing the deadline can cause you to waive your claim, causing the court to dismiss your case.
Courts may allow you to extend the claim in some exceptional cases. If you miss the deadline for valid reasons, consult skilled lawyers to help you evaluate your options. They can offer legal counsel to protect your rights and recover compensation.
A Skilled Wrongful Death Attorney Helping You File a Wrongful Death Claim
Losing a loved one because of another person’s carelessness can be stressful. Navigating the intricate legal system to seek compensation can be overwhelming, and it is easy to feel helpless. Experienced Bradenton wrongful death lawyers can help you navigate the complex system to alleviate some of the pressure of a lawsuit.
Legler, Murphy, & Battaglia is a reputable personal injury law firm with a dedicated legal team that can handle your personal injury cases. We will handle the complex legal nuances while you grieve the loss of your loved one. Let us evaluate your case and provide legal counsel and representation. Call us at 941-909-3763 to schedule a FREE case evaluation.
