Losing a loved one because of someone else’s carelessness is one of the hardest things a family can face. On top of the grief, families are often left with funeral expenses, lost income, and unanswered questions about what happened and who is responsible.
Florida law gives surviving family members a path to accountability and compensation through a wrongful death claim, but the rules about who can file, what can be recovered, and how long you have to act are specific and easy to get wrong without an attorney. Keep reading to learn what you need to know about wrongful death claims in Florida.
What Qualifies as Wrongful Death Under Florida Law?
Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), a wrongful death occurs when a person dies because of another party’s negligence, recklessness, default, or intentional act.
Wrongful death claims commonly arise from car and truck accidents, drowning accidents, medical malpractice, defective products, and premises liability incidents, such as an unsecured pool or an unsafe property.
Who Can File a Wrongful Death Claim in Florida?
This is where Florida law surprises many families: individual relatives generally cannot file their own wrongful death lawsuits. Instead, the personal representative of the deceased person’s estate files a single wrongful death claim on behalf of both the estate and the eligible surviving family members.
Eligible survivors may include:
- A surviving spouse
- Children of the deceased, including legally adopted children
- Parents of the deceased
- Other blood relatives or adopted siblings who were partly or wholly dependent on the deceased for support or services
One unique aspect of Florida law is its definition of a “minor child” in wrongful death cases. For certain wrongful death damages, a minor child is defined as an unmarried child under the age of 25 at the time of the parent’s death. This is a broader definition than many people expect.
What Compensation Can Families Recover?
A successful Florida wrongful death claim may allow surviving family members and the estate to recover compensation for losses such as:
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
- Lost financial support and services
- Loss of companionship, guidance, and protection
- Mental pain and suffering, when allowed under Florida law
- Lost earnings and other financial losses
Every wrongful death case is unique, and the compensation available depends on the facts of the case. An experienced wrongful death attorney can evaluate your family’s circumstances and explain what damages may be available.
How Long Do I Have to File a Wrongful Death Claim in Florida?
In most cases, Florida’s wrongful death statute of limitations is typically two years from the date of death. There may be exceptions based on the facts of a specific case or other factors involved.
Because evidence disappears quickly and insurance companies move fast to protect themselves, families should speak with an attorney as soon as possible after a loss.
Do I Need a Wrongful Death Attorney in Florida?
Wrongful death cases involve strict rules, complex requirements, and insurance companies that are motivated to minimize payouts. Hiring a lawyer for your wrongful death claim can be a good way to protect your rights and prevent others from taking advantage of you.
A Florida wrongful death attorney can help your family understand your legal options, handle the claims process, and advocate for your best interests every step of the way.
Contact the Jacksonville Wrongful Death Lawyers at Baggett Law Personal Injury Lawyers for a Free Consultation
If you lost a loved one because of someone else’s negligence, you don’t have to face the next steps alone. The legal process involved in a wrongful death case is not always clear, but an experienced Jacksonville wrongful death lawyer can guide you through it with care and compassion.
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 the 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