What is Wrongful Death?
Wrongful death is a legal term used to describe a situation in which a person's death is caused by the negligent, reckless, or intentional actions of another party. When someone dies due to the wrongful actions of another party, the surviving family members or beneficiaries may have the right to file a wrongful death lawsuit to seek compensation for their losses and damages.
In Florida, to prove a wrongful death claim, the following elements generally need to be established:
- Death: The first and most fundamental element is demonstrating that a person has died. This death must be caused by the actions or negligence of another party.
- Negligence or Wrongful Conduct: It must be established that the death occurred due to the negligent, reckless, or intentional actions of the defendant. This could include actions such as negligence in a car accident, medical malpractice, defective products, or intentional harm.
- Legal Duty: The plaintiff (the party filing the wrongful death claim) must show that the defendant owed a legal duty to the deceased person. For example, in a car accident case, drivers owe a duty to others on the road to drive safely and obey traffic laws.
- Breach of Duty: It must be proven that the defendant breached the legal duty owed to the deceased person. This means showing that the defendant's actions or negligence fell below the standard of care expected in the circumstances.
- Causation: There must be a direct link between the defendant's breach of duty and the death of the person. In other words, it must be shown that the defendant's actions were a proximate cause of the death.
- Damages: The surviving family members or beneficiaries must demonstrate that they have suffered financial, emotional, or other types of damages as a result of the person's death. These damages can include medical expenses, funeral and burial costs, lost income, pain and suffering, and loss of companionship.
Who Can File a Wrongful Death Lawsuit in Florida?
As outlined in Florida's Wrongful Death Act (Florida Statutes Section 768.18-768.21), a wrongful death claim must be brought by the personal representative of the deceased person's estate. This individual is typically appointed in the deceased person's will or by the court. They are responsible for initiating and managing the legal action on behalf of the estate and the eligible survivors.
Here are the potential beneficiaries:
- Surviving Spouse: The surviving spouse of the deceased person is typically the primary beneficiary in a Florida wrongful death claim. The surviving spouse has the first right to recover damages.
- Minor Children: Minor children (under 25 years old) of the deceased person, whether biological or adopted, may be eligible to receive compensation. The law considers them beneficiaries if there is no surviving spouse.
- Adult Children: Adult children (25 years old and older) of the deceased person may also be beneficiaries, but they must show that they were dependent on the deceased for support or services.
- Parents: Parents of the deceased person, whether biological or adoptive, may be considered beneficiaries if they can demonstrate that they were dependent on the deceased for support or services.
- Other Dependent Relatives: Any blood relative or adoptive sibling who is partially or wholly dependent on the deceased person for support or services may be eligible to receive compensation.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the deceased person's loved ones can seek compensation for all of the damages they have suffered as a result of the loss of their loved one. Damages can include loss of income, loss of companionship, loss of consortium, funeral and burial expenses, pain and suffering, mental anguish, and more. There are also certain damages that are unique to wrongful death cases. For example, if the deceased person's death resulted from a fatal car crash, the deceased person's loved ones may be able to recover damages for loss of "life expectancy," which is the amount of time they would have had with the deceased person had he or she lived.
Additionally, punitive damages may be awarded in cases of gross negligence or reckless behavior. Punitive damages are meant to punish the defendant and deter similar behavior in the future.
How Our Firm Can Help You
At Rosenberg & Rosenberg, P.A., we have the knowledge and experience to stand up to the insurance companies and their teams of attorneys. In cases of serious and fatal personal injuries, we have the resources and know-how to effectively investigate the incident, discover all of the relevant evidence, and build a strong case. Our goal is to help our clients recover the maximum amount of compensation they are owed, whether that is through a negotiated settlement or a jury trial.
To learn more about your legal options, contact Rosenberg & Rosenberg, P.A. at (888) 499-6206 today.
