Can You Sue for Wrongful Death in Florida?
Losing a loved one is always devastating, but when someone else’s negligence or misconduct causes the death, the pain is often compounded by questions regarding justice and accountability.
Florida law provides a legal avenue for surviving family members to pursue compensation through a wrongful death lawsuit. If you are wondering whether you can sue for wrongful death in Florida, the answer is yes, though there are specific rules for who can file, when, and under what circumstances.
Understanding Wrongful Death
Under Florida law, a wrongful death occurs when a person dies due to another party’s wrongful act, negligence, default, or breach of contract or warranty. This could include a variety of situations, such as:
- Car accidents caused by a reckless or drunk driver
- Medical malpractice
- Defective products
- Nursing home abuse or neglect
- Dangerous property conditions
The purpose of a wrongful death claim is to compensate the deceased person’s survivors for the financial and emotional losses they have suffered due to the death.
Who Can File a Wrongful Death Lawsuit in Florida
Florida law clearly states who has the legal authority to file a wrongful death lawsuit. Only the decedent’s estate’s personal representative, also known as the executor, can file the claim. This representative may have been named in the decedent’s will or appointed by the court if no will exists.
However, the lawsuit is filed on behalf of the survivors and the estate, and any damages recovered are distributed accordingly. Survivors may include:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- Blood relatives or adoptive siblings, or dependents of the deceased
While only the estate’s personal representative can file the lawsuit, it is brought for the benefit of eligible surviving family members and the estate.
Damages Available in a Florida Wrongful Death Claim
Damages in a wrongful death case cover economic and non-economic losses. Florida distinguishes between recoverable damages by the survivors and those recoverable by the estate:
Survivors may recover damages for:
- Loss of companionship, guidance, and protection
- Mental pain and suffering
- Lost support and services, including the future income that the deceased would have provided
- Medical or funeral expenses paid directly by the survivors
The estate may recover compensation for:
- Lost earnings from the time of injury to the time of death
- Medical and funeral expenses paid by the estate
- The value that the deceased could reasonably have saved and left to the estate had they lived
Survivors and the estate can recover compensation for the loss’s financial and emotional impact.
Time Limit for Filing a Wrongful Death Claim
Florida law imposes a strict statute of limitations on wrongful death lawsuits. In most cases, you must file the lawsuit within two years of the date of death. There are very few exceptions to this rule, and failing to file on time generally results in losing the right to pursue compensation.
Can Wrongful Death Be Based on Criminal Acts?
Yes. While many wrongful death cases are based on negligence, such as a careless driver or a negligent property owner, some are rooted in intentional acts like assault, homicide, or abuse. You can still pursue a wrongful death claim, even if criminal charges are also being filed. Civil and criminal cases are separate matters, and a wrongful death lawsuit does not depend on a criminal conviction.
Contact the Jacksonville Wrongful Death Law Firm of Baggett Law Personal Injury Lawyers Today For Help
For more information, please contact the Jacksonville and Ponte Vedra wrongful death law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
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