Losing a loved one due to someone else’s negligence or misconduct is an unimaginable tragedy. While no amount of compensation can truly address the depth of loss, a wrongful death claim can help grieving families. This can help families and individuals secure financial stability, hold the responsible parties accountable, and seek justice. If you’re navigating this painful process in Florida, here’s what you need to know about filing a wrongful death claim.
What Qualifies as a Wrongful Death in Florida
Under Florida law, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. Common scenarios include:
- Medical malpractice
- Car accidents caused by negligence or DUIs
- Unsafe premises leading to fatal accidents
- Defective products
- Intentional harm or violence
If you believe your loved one’s death falls under these or similar circumstances, you have the right to pursue a wrongful death claim.
Who Can File a Wrongful Death Claim in Florida
Florida law requires that the personal representative of the deceased’s estate files the wrongful death claim. This individual is typically named in the will or estate plan. If there is no estate plan, the court will appoint a representative.
While the claim is filed by the personal representative, it is made on behalf of the deceased’s surviving family members, which may include:
- Spouse
- Children
- Parents
- Other relatives or adoptive siblings who were financially dependent on the deceased
Damages You Can Claim
Compensation in a wrongful death claim is designed to help alleviate the financial and emotional burdens placed on the deceased’s family. Damages may include:
Economic Damages
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Loss of the deceased’s earnings and benefits
Non-Economic Damages
- Pain and suffering of surviving family members
- Loss of companionship, guidance, and protection
- Emotional distress caused by the tragic loss
Additionally, punitive damages may be awarded in cases involving gross negligence or intentional misconduct, aiming to punish the responsible party and deter similar behavior in the future.
The Statute of Limitations
Florida law imposes a strict statute of limitations for filing a wrongful death claim. Generally, you must file your claim within two years from the date of the death. Certain exceptions may apply, such as cases involving medical malpractice, but it’s critical to act quickly to preserve your legal rights.
The Legal Process
The process of filing a wrongful death claim can be complex. Here’s an overview of what to expect:
- Consultation With an Attorney
Engaging an experienced wrongful death attorney is essential. They will review the details of your case, explain your legal options, and build a solid claim on your behalf.
- Investigation
Your attorney will investigate the circumstances surrounding the death, gathering evidence such as police reports, medical records, witness statements, and expert testimony to establish liability.
- Filing the Claim
The personal representative files the claim in civil court. At this stage, your attorney will outline the damages you're seeking on behalf of the family.
- Negotiations and Settlement
Many wrongful death claims are resolved through negotiations with the responsible party’s insurance company, without the need for a trial. Your attorney will ensure you receive a fair settlement that reflects the full scope of your loss.
- Trial (if necessary)
If a settlement isn’t reached, the case may proceed to court, where a judge or jury will determine the outcome. Your attorney will represent your interests throughout the trial process.
Talk to a Pensacola Wrongful Death Attorney
Filing a wrongful death claim is emotionally and legally challenging. Having a skilled attorney by your side ensures the process is handled with care, compassion, and tenacity. Your attorney will advocate for the compensation and justice you and your family deserve, guiding you every step of the way.
At such a difficult time, you shouldn’t have to face the legal system alone. If you’re ready to take the first step or have questions about your case, reach out to Crawford Law today. We can protect your rights, honor your loved one’s memory, and seek the justice your family deserves.
Call us today at (850) 220-2098 to schedule a confidential consultation.