How to File a Wrongful Death Lawsuit in Florida

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. While no legal action can undo the pain of losing someone, filing a wrongful death lawsuit can provide financial relief for the surviving family members and hold the responsible party accountable. In Florida, wrongful death claims are governed by specific statutes that outline the process, who can file, and what damages may be recovered.

This guide provides a step-by-step explanation of how to file a wrongful death lawsuit in Florida, along with essential legal information to help you navigate this complex process.

What Is a Wrongful Death Claim?

A wrongful death lawsuit is a civil action brought against a party whose negligent, reckless, or intentional actions resulted in the death of another person. These lawsuits seek to hold the responsible party accountable for their actions and provide compensation to the surviving family members for their losses.

In Florida, these claims are governed by The Florida Wrongful Death Act which allows surviving family members or the deceased’s estate to seek compensation for their losses.

Common causes of wrongful death include:

• Car accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Criminal acts

Step 1: Determine Eligibility to File the Lawsuit

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This individual is typically named in the deceased’s will or estate plan. If no representative is designated, the court may appoint one.

The claim is filed on behalf of the deceased’s surviving family members, which may include:

• The spouse
• Children
• Parents
• Other financially dependent relatives

The personal representative’s role is to ensure the lawsuit is filed correctly and that any recovered compensation is distributed to eligible family members.

Step 2: Identify the Responsible Parties

To file a wrongful death lawsuit, you must determine who is legally responsible for the death. Potential defendants may include:

• Individuals: For example, a reckless driver in a car accident case.
• Businesses: Such as a negligent employer or a manufacturer of a defective product.
• Government Entities: In cases involving unsafe road conditions or negligent public services.

An experienced wrongful death attorney can help identify all liable parties and build a case against them.

Step 3: Establish the Grounds for the Lawsuit

To succeed in a wrongful death lawsuit, you must prove that the defendant’s actions (or inactions) caused the death. This involves demonstrating the following elements:

1. Duty of Care: The defendant owed the deceased a legal duty of care. For example, drivers must follow traffic laws, and doctors must provide competent medical care.
2. Breach of Duty: The defendant breached their duty through negligence, recklessness, or intentional misconduct.
3. Causation: The breach of duty directly caused the deceased’s death.
4. Damages: The death resulted in financial and emotional losses for the surviving family members and the estate.

Step 4: Gather Evidence

Strong evidence is crucial for building a successful wrongful death case. This may include:

• Medical records
• Police or accident reports
• Eyewitness statements
• Expert testimony (e.g., from medical or accident reconstruction specialists)
• Documentation of financial losses (e.g., pay stubs, funeral expenses)

Your attorney can help collect and organize this evidence to present a compelling case.

Step 5: File the Lawsuit Within the Statute of Limitations

In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Failing to file within this timeframe will likely result in the case being dismissed.

There are limited exceptions to this rule, such as cases involving fraud or when the cause of death was not immediately apparent. Consult with an attorney as soon as possible to ensure your claim is filed on time.

Step 6: Determine the Damages to Pursue

Florida law allows families to recover various types of damages in a wrongful death lawsuit. These are divided into two categories:

1. Economic Damages

• Medical expenses incurred prior to the death.
• Funeral and burial costs.
• Loss of income and benefits the deceased would have provided.
• Loss of services the deceased performed (e.g., childcare or household tasks).

2. Non-Economic Damages

• Pain and suffering experienced by the surviving family members.
• Loss of companionship, guidance, and emotional support.

3. Punitive Damages

In cases of gross negligence or intentional misconduct, the court may award punitive damages to punish the defendant and deter similar behavior. 

Step 7: Negotiate a Settlement or Prepare for Trial

Most wrongful death cases are resolved through settlements, where the defendant agrees to pay compensation without going to trial. However, if a fair settlement cannot be reached, the case may proceed to court.

Settlement Negotiation

An attorney will negotiate with the defendant’s insurance company or legal team to secure a fair settlement. This process may involve mediation or arbitration.

Trial

If the case goes to trial, both sides will present evidence and arguments, and a judge or jury will determine the outcome. Trials can be lengthy and complex, making experienced legal representation essential.

Step 8: Distribute Compensation

Once a settlement or verdict is reached, the compensation is distributed to eligible family members according to Florida law. The personal representative ensures that the funds are allocated fairly and in accordance with the court’s instructions.

Why You Need an Experienced Wrongful Death Attorney

Filing a wrongful death lawsuit is not only legally complex but also emotionally taxing, especially when you’re grieving the loss of a loved one. An experienced wrongful death attorney can take the burden off your shoulders, handling every aspect of the legal process so you can focus on healing and being there for your family.

How an Attorney Will Help You:

1. Navigating Florida’s Complex Legal System: Florida wrongful death laws involve intricate rules and strict deadlines. Your attorney will ensure all legal documents are filed correctly and on time, preventing unnecessary delays or complications. They will also explain the legal process in clear terms, keeping you informed without overwhelming you with details.
2. Identifying All Liable Parties and Compensation Sources: Determining who is responsible for your loved one’s death can be complicated. Your attorney will conduct a thorough investigation to identify all liable parties, whether it’s an individual, a business, or a government entity. They will also explore all potential sources of compensation, such as insurance policies, to maximize the recovery for your family.
3. Collecting and Presenting Evidence: Building a strong case requires extensive evidence, including accident reports, medical records, eyewitness accounts, and expert testimony. Your attorney will handle this process from start to finish, ensuring no critical piece of evidence is overlooked.
4. Handling Negotiations with Insurance Companies: Insurance companies often try to minimize payouts or deny claims altogether. Your attorney will take over all communication and negotiations with insurers, leveraging their experience to push for a fair settlement. This ensures you won’t have to deal with the stress of back-and-forth negotiations during an already difficult time.
5. Representing You in Court: If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial. They will advocate for your family in court, presenting compelling arguments and evidence to secure the compensation you deserve.

Free Consultation With a Florida Wrongful Death Attorney

Filing a wrongful death lawsuit in Florida is a way for families to seek justice and financial relief after a preventable tragedy. While the process can be complex, taking the right steps and working with an experienced attorney can ensure your family’s rights are protected.

If you’ve lost a loved one due to negligence or misconduct, contact Flanagan & Bodenheimer at 305-638-4143 for a free consultation. Our experienced attorneys will provide the guidance and support you need to navigate this difficult time and pursue the justice your family deserves.