Losing a loved one in a preventable accident is an unspeakable tragedy. Not only do surviving family members experience grief and emotional losses, but they also face financial losses related to medical bills, funeral expenses, and loss of financial support.
Fortunately, Florida law allows certain family members to pursue compensation through a wrongful death lawsuit when another party’s negligence caused the death.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of civil claim that arises when someone dies because of another party’s negligent or intentional misconduct. These lawsuits allow surviving family members to seek compensation for the losses they suffer due to the death of their loved one.
Wrongful death claims commonly arise from accidents such as:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Workplace accidents
- Construction accidents
The purpose of a wrongful death lawsuit is to hold the at-fault party financially accountable and provide support for the surviving family members who may have relied on their loved one for companionship and monetary assistance.
Who Can File Wrongful Death Claims and Who Gets the Money?
Under Florida’s wrongful death law, the personal representative of the deceased person’s estate must file the lawsuit to recover damages after their death. This personal representative is typically named in the deceased individual’s will or appointed by the court if no will exists. They file the lawsuit on behalf of the surviving family members and the estate.
Under Florida law, the surviving family members who may receive compensation include:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- Blood relatives or adoptive siblings who were financially dependent on the deceased
In addition to payments to family members, some compensation may also be awarded to the estate itself, particularly for losses that occurred between the injury and the death.
What Compensation Can Surviving Family Members Recover?
Wrongful death claims in Florida include several types of damages designed to address a family’s financial and emotional losses.
Surviving family members may be able to recover compensation for:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of the deceased person’s income and financial support
- Loss of services the deceased provided to the household
- Loss of companionship for a surviving spouse
- Loss of parental guidance for minor children
- Pain and suffering experienced by surviving family members
These damages are intended to reflect the financial and personal impact a wrongful death can have on surviving family members.
How Is Wrongful Death Compensation Divided in Florida?
Even when multiple family members may be entitled to compensation, the amount each person receives is not always equal. The court or the parties involved may need to determine how damages should be allocated based on the losses each survivor experienced.
For example, a surviving spouse may recover damages for loss of companionship, also known as loss of consortium, while minor children may recover for loss of parental guidance and support. Financial dependency can also play a role when determining how compensation is distributed. Because each family’s situation is different, the division of damages often depends on the specific facts of the case and the relationship each survivor had with the deceased.
Contact the Jacksonville Personal Injury Law Firm of Baggett Law Personal Injury Lawyers Today For Help
If your loved one died because of someone else’s negligence, you and your family may have the right to pursue a wrongful death claim under Florida law. These cases can help you obtain financial support and hold negligent parties accountable for the harm they caused.
An experienced Jacksonville wrongful death lawyer can review your case and explain who may be eligible to recover compensation. Your lawyer will guide your family through the legal process and handle all legal aspects of your claim.
For more information, please contact the Jacksonville and Ponte Vedra personal injury 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