Watch EpisodeRoad to Recovery Episode 85 — Wrongful Death Claims in FloridaIn Episode 85 of Road to Recovery, Sagi Shaked explains how Florida wrongful death claims work: who can bring a case, how the estate's personal representative is involved, what deadlines may apply, and the damages surviving family members may be able to recover.
What qualifies as a wrongful death claim?
Florida law permits a civil claim when a death results from another party's wrongful act, negligence, default, or breach of contract or warranty. A criminal conviction is not required for an estate and eligible survivors to pursue a civil case.
Who can file a Florida wrongful death lawsuit?
The estate's personal representative files the lawsuit on behalf of the estate and eligible survivors. Probate may need to be opened so a representative can be appointed, including when the person who died did not leave a will.
Who may recover compensation?
Eligibility depends on the survivor's relationship to the person who died and the facts of the case. A surviving spouse, children, or parents may have recoverable losses under Florida law, while special rules can apply in medical malpractice matters.
How long do families have to file?
Florida wrongful death claims generally carry a two-year limitations period, but the precise deadline can vary with the claim and the responsible parties. Prompt investigation helps preserve evidence and identify every potentially liable person or entity.
What damages may be recovered?
Potential damages can include medical and funeral expenses, lost support and services, lost earnings, loss of companionship or parental guidance, and mental pain and suffering. The available recovery depends on the relationships involved, the evidence, insurance coverage, and the circumstances of the death.
What evidence is used to prove a claim?
A successful claim requires proof of a legal duty, a breach of that duty, causation, and damages. Evidence may include crash-scene records, driver logs, GPS information, inspection records, witness testimony, medical records, and expert analysis.
Choosing a Florida wrongful death attorney
Families may want to consider an attorney's wrongful death and trial experience, board certification, results in comparable cases, and ability to investigate complex liability. The specific fee arrangement should always be confirmed in writing.
This page provides general information and is not legal advice. Deadlines and legal rights depend on the facts of each case.