Losing a loved one in an accident is one of the most traumatic experiences imaginable. You may already know that Florida law allows families to pursue compensation through a wrongful death claim in these circumstances, but the rules surrounding who can actually bring the lawsuit often surprise people.
Learning about your legal options as soon as possible can make a real difference in protecting your family’s rights. Continue reading to learn more about how these lawsuits work in Florida, as well as the damages that may be available to you.
Filing a Wrongful Death Claim Under Florida Law
Under Florida Statutes § 768.20, only the personal representative of the deceased person’s estate has the legal authority to file a wrongful death lawsuit. That means individual family members cannot go to court on their own to bring separate claims, no matter how close they were to the person who passed away.
If the deceased left behind a will, the executor named in that document typically steps into the role of personal representative. If there is no will, the probate court appoints someone to serve in that position. Either way, the personal representative brings one single lawsuit on behalf of the estate and all eligible family members.
Who Can Recover Damages in a Florida Wrongful Death Lawsuit?
Florida law refers to those eligible family members as “survivors” under § 768.18. Our attorneys often walk clients through exactly who qualifies. Survivors recognized under the statute include:
- The surviving spouse of the deceased
- Children of the deceased, including those who were legally adopted
- Parents of the deceased, particularly if the deceased was a minor
- Blood relatives or adopted siblings who depended on the deceased
One detail that catches many families off guard is Florida’s broader definition of “minor children.” Per the Wrongful Death Act, any child of the deceased who was under 25 years old at the time of death is treated as a minor for purposes of certain damage categories. This is notably different from the state’s general age of majority, which is 18.
What Damages Can Survivors Recover in a Florida Wrongful Death Lawsuit?
The types of compensation available in a Florida wrongful death case depend on each survivor’s relationship to the deceased. Per state law, the following categories of damages may be pursued:
- Lost support and services: Every survivor may seek the value of what the deceased provided to them, calculated from the date of injury through death and projected into the future.
- Loss of companionship and protection: A surviving spouse can pursue compensation for the emotional void left behind, including mental pain and suffering.
- Lost parental guidance and companionship: Minor children may recover for the instruction, guidance, and companionship they lost, along with their own mental pain and suffering.
- Parental mental pain and suffering: Parents who lose a minor child may seek damages for their emotional anguish. Parents of an adult child may also recover if no other survivors exist.
- Medical and funeral expenses: Any survivor who personally paid these costs is entitled to seek reimbursement.
- Lost earnings and net accumulations: The personal representative may recover the deceased’s lost income from the date of injury to the date of death, as well as the savings the deceased likely would have accumulated over their lifetime.
It is also important to keep in mind that awards made to the estate remain subject to claims by creditors who have followed Florida’s probate procedures, while damages awarded directly to individual survivors are not.
Call Baggett Law Personal Injury Lawyers To Schedule a Free Consultation With a Jacksonville Wrongful Death Lawyer
Florida imposes a two-year statute of limitations on most wrongful death lawsuits, measured from the date of death. However, that window can close faster than you expect when you factor in the time it takes to open an estate in probate court before a lawsuit can even be filed.
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
(904) 675-1167