Losing a loved one is one of the hardest experiences anyone can face. That pain can feel even worse when the death was caused by someone else’s carelessness or wrongdoing. In Florida, the law allows certain family members to seek justice and financial recovery through a wrongful death claim.
This article will explain how these claims work, who can file them, what damages may be available, and why having the right legal support matters.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of legal case. It is filed when someone dies because of another person’s negligence, reckless behavior, or intentional act. The purpose of this claim is to hold the responsible party accountable and to help the surviving family recover compensation for their loss.
In Florida, the wrongful death law is found in the Florida Wrongful Death Act. This law explains who can file a claim, what damages may be awarded, and how the legal process works. Common causes of wrongful death include car accidents, medical malpractice, workplace accidents, and dangerous products.
A wrongful death case is separate from any criminal charges the responsible person might face. Even if they are not charged or convicted in criminal court, the family can still pursue a civil case for damages.
Who Can File a Wrongful Death Lawsuit in Florida?
Not just anyone can file a wrongful death claim. Under Florida law, the personal representative of the deceased person’s estate must file the claim. This person is usually named in the will. If there is no will, the court will appoint someone.
The personal representative files the lawsuit on behalf of the deceased person’s survivors. These can include:
- The spouse
- Children (including adopted children)
- Parents
- Other blood relatives or adoptive siblings who depended on the deceased for support
Each of these survivors may be able to recover different types of damages, depending on their relationship to the deceased.
Types of Damages You Can Recover
A wrongful death lawsuit can help the surviving family members recover compensation for both emotional and financial losses. Damages in Florida wrongful death cases may include:
- Medical and funeral expenses related to the deceased person’s final injury or illness
- Loss of income and support the deceased would have provided
- Loss of companionship, guidance, or protection
- Mental pain and suffering of surviving family members
For example, if a father dies in a car accident caused by a drunk driver, his wife may be able to recover for the loss of companionship and financial support. His children might recover for losing parental guidance and emotional support.
In some cases, punitive damages may also be awarded. These are meant to punish especially reckless or harmful behavior and to deter others from doing the same.
How Long Do You Have To File?
In Florida, there is a statute of limitations for wrongful death claims. This means there is a time limit for filing the lawsuit. Generally, you must file within two years of the date of the person’s death. If you wait too long, you may lose your right to seek compensation.
Finding Justice and Closure After a Tragic Loss
The death of a loved one is heartbreaking, and no amount of money can replace the person you lost. Filing a wrongful death claim can provide financial relief and a sense of justice. It can also help hold the responsible party accountable and protect others from similar harm.
If you believe your loved one’s death was caused by someone else’s actions, don’t wait to get help. A compassionate and experienced Florida wrongful death lawyer can guide you through every step of the legal process and work to recover the compensation you and your family deserve.
To learn more, contact Baggett Law Personal Injury Lawyers to schedule a free consultation.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167
