If you’re considering filing a wrongful death suit in Florida, you probably have a lot of questions. What are your chances of winning? What factors will impact your case? How can you make sure you get the justice and compensation you deserve?
As a team of experienced Florida wrongful death attorneys, Burnett Law, P.A., has seen it all. Let’s examine what matters to your chances of winning a wrongful death suit in the Sunshine State.
What Is a Wrongful Death Lawsuit in Florida?
In Florida, a wrongful death happens when someone passes away due to another party’s negligence, wrongful act, default, or breach of contract. The at-fault party’s actions (or lack thereof) must have caused the death.
A wrongful death lawsuit is a legal action taken by the surviving family members of the deceased, seeking compensation for their loss. It’s a type of personal injury case where the injured party is no longer alive to bring their own case to court. Types of wrongful death cases include intentional acts, negligence, and medical malpractice.
To prove a wrongful death claim in Florida, you must establish four key elements:
- A human being died
- The death was caused by another’s negligence or intent to harm
- Surviving family members are suffering monetary injury due to the death
- A personal representative has been appointed for the decedent’s estate
Florida’s Wrongful Death Act
Florida’s Wrongful Death Act (Florida Statutes sections 768.16-768.26) governs wrongful death claims in the state. It specifies who can file a claim, the types of damages recoverable, and the statute of limitations for bringing a wrongful death suit.
The Act exists to shift the losses resulting from a wrongful death away from the survivors and onto the wrongdoer. Its purpose is to protect the deceased’s survivors.
In Florida, the statute of limitations for most wrongful death lawsuits is two years from the date of the decedent’s death (Florida Statute 95.11 (4)(d).)
Who Can File a Wrongful Death Claim in Florida?
In Florida, only certain immediate family members are allowed to recover damages in a wrongful death case. The deceased person’s surviving spouse, children, and parents may recover damages. Blood relatives or adoptive siblings who were dependent on the decedent for support or services may also recover damages.
We understand that no amount of financial compensation can truly make up for your loss. However, a wrongful death lawsuit can help ease the financial burdens caused by a loved one’s untimely death.
Personal Representative of the Estate
In Florida, a wrongful death claim must be filed by the decedent’s personal representative or estate on behalf of the estate and any surviving family members. This personal representative is usually named in the decedent’s will or estate plan. If there is no will, the court will appoint a personal representative, typically the surviving spouse or another family member.
Exceptions to Filing a Claim
There are a few exceptions that may prevent someone from recovering damages in a Florida wrongful death case:
- A parent who abandoned a deceased child during their minority
- A parent of an adult child with no spouse or children, if the parent is divorced from the other parent
- Siblings of the deceased, unless they were dependent on the deceased for support
Our wrongful death lawyers can evaluate your relationship with the deceased and determine if you have a right to file a claim. We’re here to help you with the legal process and protect your family’s legal rights.
Types of Damages in a Florida Wrongful Death Case
Wrongful death lawsuits in Florida aim to compensate the deceased’s estate and surviving family members for their losses. The specific damages available will depend on the circumstances of the case.
Economic Damages
Economic damages are financial losses resulting from the wrongful death. They may include:
- Medical and funeral expenses
- Lost wages and benefits the deceased would have earned
- Loss of support and services provided by the deceased
- Loss of inheritance due to the untimely death
Florida Statutes section 768.21 allows the estate to recover lost earnings of the deceased from the date of injury to the date of death. The surviving family members may recover the value of lost support and services from the date of the decedent’s injury to their death and future loss of support and services.
Non-Economic Damages
Non-economic damages are losses that are not financial in nature but still cause significant harm to the surviving family members. Examples include:
- Mental pain and suffering
- Loss of the decedent’s companionship, guidance, and protection
- Loss of parental instruction, guidance, and companionship for surviving children
Each survivor’s non-economic damages are computed separately. Our attorneys can help calculate the full extent of damages to ensure your family receives the compensation you deserve.
Punitive Damages
In rare cases, punitive damages may be awarded if the defendant’s conduct was intentional or grossly negligent. Punitive damages punish the wrongdoer and deter similar misconduct.
Florida Statutes section 768.72 sets a high standard for punitive damages. The plaintiff must prove by clear and convincing evidence that the defendant was personally guilty of intentional misconduct or gross negligence.
Proving Negligence in a Wrongful Death Lawsuit
To prove negligence, your wrongful death attorney must demonstrate beyond reasonable doubt that the defendant’s actions (or inaction) directly caused your loved one’s death. There are four key elements of negligence:
- Duty of Care: It must be shown that the defendant owed the deceased a duty of care. This means they had a legal obligation to act in a way that would not cause harm. For example, doctors have a duty to provide competent medical care to their patients.
- Breach of Duty: This means they failed to act as a reasonably prudent person would in similar circumstances. An example would be a doctor failing to diagnose a serious condition despite clear symptoms.
- Causation: Your attorney must show that the defendant’s breach of duty directly caused your loved one’s death. They must demonstrate that the death would not have occurred but for the defendant’s negligence. Proving causation often requires testimony from expert witnesses, such as medical professionals.
- Damages: Your attorney must show that the surviving family members suffered damages as a result of the wrongful death. Damages may include economic losses like medical bills and lost income, as well as non-economic losses like pain and suffering.
Proving negligence is essential to the success of your wrongful death claim. Our experienced attorneys can gather evidence, consult with experts, and build a solid case to prove the defendant’s liability for your loved one’s death.
Winning a Wrongful Death Suit in Florida
What are your chances of winning a wrongful death lawsuit? It depends mainly on the strength of your case, but there are a few factors at play.
Strength of Evidence
The strength of the evidence is crucial in determining the outcome of your case. You’ll need clear and convincing proof that the defendant’s actions directly caused your loved one’s death. This may include witness testimony, expert opinions, medical records, and physical evidence from the scene. The stronger your evidence, the higher your chances of securing a favorable wrongful death settlement.
Jurisdiction and Venue
Where your case is filed can also impact your chances of winning. Some jurisdictions may be more plaintiff-friendly than others. The Burnett Law, P.A., team is familiar with the judges, juries, and legal climate in your area and can help you navigate any potential challenges and maximize your chances of success.
Defendant’s Resources
Finally, the defendant’s resources can play a significant role in the outcome of your case. If you’re up against a large corporation or insurance company, they may have a team of high-powered lawyers working to minimize their liability.
However, don’t let this discourage you from seeking justice. Experienced wrongful death attorneys like Burnett Law, P.A., can level the playing field and fight for your rights, no matter who the defendant is.
How a Wrongful Death Attorney Can Help Your Case
Losing a loved one when someone else’s negligence caused their death can be all the more devastating. You may feel overwhelmed and unsure of what to do next.
Never underestimate the importance of having a skilled and experienced wrongful death lawyer on your side. Your attorney’s expertise can make all the difference in the outcome of your case.
Burnett Law, P.A., has a proven track record of successfully handling wrongful death suits. We have the knowledge, resources, and tenacity to build a strong case and fight for the compensation you deserve. Here’s how we can help you navigate this difficult time and fight for the justice your loved one deserves.
Investigating the Claim
One of the first things we will do is thoroughly investigate your claim. We’ll gather evidence, interview witnesses, and consult with experts to build a strong case.
This may involve obtaining medical records, police reports, and other documentation related to your loved one’s death. We will also look for any evidence of negligence or wrongdoing on the part of the defendant.
Identifying Liable Parties
In some cases, there may be multiple parties who are liable for your loved one’s death. For example, if they were killed in a car accident, the at-fault driver may be liable, but so may the manufacturer of a defective car part.
We will work to identify all potential defendants and hold them accountable for their actions. This may involve conducting additional investigations and bringing in experts to provide testimony.
Calculating Damages
One of the most important aspects of a wrongful death case is determining the full extent of the damages you and your family have suffered. We will coordinate with experts to calculate the full value of your claim and ensure that you’re fairly compensated for all your losses.
Negotiating with Insurance Companies
In many cases, the defendant’s insurance company will be responsible for paying any settlement or judgment in a wrongful death case. However, insurance companies are notorious for trying to minimize payouts and settle claims for as little as possible.
We will handle all communications with the insurance company and work to negotiate a fair settlement on your behalf. We’ll use our knowledge of the law and experience with similar cases to fight for you.
Representing You in Court
If a settlement can’t be reached, your case may go to trial. This can be a daunting prospect, but your Burnett Law, P.A., attorney will be by your side every step of the way. We’ll present evidence, cross-examine witnesses, and make arguments to the judge and jury on your behalf. We’ll build a compelling case and fight for the best possible outcome.
Contact Burnett Law, P.A., Today
You don’t have to face this alone. An experienced wrongful death attorney can be your greatest asset. No amount of money can bring back your loved one. However, a successful wrongful death suit can provide a sense of justice, hold the responsible parties accountable, and give you the financial support you need to move forward.
If you’ve lost someone due to another’s negligence, don’t hesitate to seek the help of an experienced wrongful death attorney. Call Burnett Law, P.A., today to get justice for your family’s wrongful death.
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