What Constitutes Wrongful Death in Florida? Legal Insights and Options

What does wrongful death really mean in Florida? It all comes down to Florida Statutes §768.16-§768.26. These statutes explain how someone’s carelessness, recklessness, or even intentional actions can lead to the death of another person. It might sound simple at first, but when you’re facing the loss of a loved one, figuring out how these laws apply can feel like a lot to handle. 

It's not only about recognizing what constitutes wrongful death; it's about understanding your legal options and how to secure the justice your family deserves. In the next sections, we’ll take a closer look at what wrongful death means under Florida law, the situations that can lead to a claim, and how you can fight for justice for your loved one.

1) What is Wrongful Death According to Florida Law?

In Florida, wrongful death occurs when someone’s negligence or intentional act leads to the death of another person. This means that the death could have been prevented if the responsible party had acted differently.

Key elements of a wrongful death case include:

• Negligence or Intentional Harm

 A person’s actions (or failure to act) caused the death. This could be anything from driving recklessly to medical malpractice or even a criminal act.

• Losses to Family Members

When a person dies wrongfully, their surviving family members often suffer emotional and financial losses. This includes things like the loss of companionship, emotional distress, and financial hardship from losing a provider. These claims help families get the support they need and hold the responsible party accountable.

2) Common Examples of Wrongful Death Cases

Wrongful death can occur in many different ways. Some of the most common situations that lead to these cases include:

• Car Accidents

This is one of the most common causes of wrongful death. Reckless driving, speeding, or driving under the influence can cause fatal crashes. For more information on traffic safety and statistics, check out the National Highway Traffic Safety Administration (NHTSA).

• Medical Malpractice

A doctor’s mistake, such as misdiagnosis, medication errors, or surgical errors, can result in preventable deaths.

• Workplace Accidents

In high-risk jobs, a lack of safety measures or unsafe working conditions can lead to deadly accidents. This could be anything from construction accidents to exposure to dangerous chemicals. If you’re curious about how the government works to make workplaces safer, OSHA has plenty of info on preventing these types of accidents.

• Defective Products

If a product is designed poorly or doesn’t meet safety standards, it can cause deadly injuries. For instance, a malfunctioning car part or a faulty electrical appliance can lead to fatal accidents.

• Criminal Acts

In some cases, a wrongful death may be the result of intentional harm, like assault or even murder.

3) Who Can File a Wrongful Death Claim?

In Florida, only those directly affected can file a wrongful death claim, ensuring justice for those who truly deserve it. These eligible family members  include:

• Spouses

If you are the spouse of the deceased, you can file a claim for the loss of companionship and emotional support.

• Children

Children (especially minor children) can file for the loss of parental guidance, support, and emotional distress.

• Parents

If the deceased was unmarried or had no children, their parents can file a claim for emotional suffering and financial dependence.

• Other Dependents

If someone financially depended on the deceased, like a close relative or partner, they may also be able to file a claim. The person who files the claim must be a personal representative, often named in the deceased person’s will. This representative could be a family member or someone appointed by the court. And the representative makes sure the right people receive compensation.

4) What Damages Can Be Recovered?

When you file a wrongful death claim, the goal is often to recover damages that compensate for the losses you’ve suffered. These damages can include:

• Economic Damages

This includes funeral costs, unpaid medical bills before death, and lost wages or benefits the deceased would have earned.

• Non-Economic Damages

These damages cover emotional suffering, loss of companionship, and pain that surviving family members experience.

• Future Damages

You may also be able to claim for the future earnings the deceased would have earned, had they lived longer. Calculating these damages can be really difficult. Courts will look at things like the deceased’s age, their income potential, and how much the surviving family relied on them financially and emotionally. It’s a way to try and make the family "whole" again. The Social Security Administration (SSA) can help you understand things like death benefits, which may offer some financial relief during this tough time.

5) How Do You Prove a Wrongful Death Case?

For a wrongful death case to be successful, certain things need to be proven. Here are the key elements:

• Duty of Care

The person who caused the death had a responsibility to act carefully. For example, drivers have a duty to follow traffic laws and ensure safety on the road.

• Breach of Duty

The person didn’t meet their legal responsibility. This could be anything from reckless driving to not providing proper medical care.

• Causation

You have to show that the defendant’s actions directly caused the death. For instance, if someone runs a red light and crashes into another car, their action must be linked to death.

• Damages

Finally, the family must show that they have experienced real losses—both financial and emotional. Evidence like accident reports, medical records, witness testimonies, and expert opinions can help prove these elements. For example, if a careless driver causes a fatal car accident, the police report, witness statements, and the driver’s past can help prove the case.

6) Statute of Limitations for Wrongful Death in Florida

As per the statute of limitations in Florida, if you wait too long, you might lose the chance to recover compensation. There are a few exceptions, but it’s important to act quickly. If fraud or delayed discovery is involved, the time limit might be extended. That’s why it's best to contact a lawyer as soon as possible to ensure your case stays on track.

7) What to Do if You Suspect Wrongful Death

If you think your loved one’s death was the result of someone else’s actions, it’s important to take the right steps to protect your legal rights:

• Document Everything

Collect evidence like photos of the scene, police or accident reports, and statements from witnesses.

• Get Medical and Legal Records

Secure autopsy reports, medical records, and any other documents that support your claim.

• Consult a Wrongful Death Attorney

An experienced lawyer will help you understand your options, build your case, and fight for the compensation your family deserves.

Starting early helps ensure you don’t miss any important details and can strengthen your case. The U.S. Department of Health & Human Services (HHS) provides resources that can help, especially if you’re dealing with medical-related wrongful death cases.

8) Why Legal Representation is Important in Wrongful Death Cases

Wrongful death cases can be difficult and emotionally draining. An attorney who specializes in these types of cases can help you every step of the way:

• They Know the Law

Handling wrongful death claims can be complex. An experienced lawyer will know how to handle the legal rules, gather evidence, and ensure your rights are protected.

• They Fight for Fair Compensation

Lawyers know what damages you are entitled to, and they can help you fight for fair compensation from insurance companies or the responsible party.

• They Take the Emotional Burden

Dealing with a loved one’s death is already emotionally exhausting. Having an attorney take care of the legal details can allow you to focus on grieving and healing.

Standing Beside You: Robert J. Johnson’s Commitment to Justice for Your Loved One

We understand how devastating it is to lose a loved one. We’re committed to helping your family find justice and recover compensation during this difficult time. Here’s how we can support you:

• Experienced Advocacy

We have years of experience handling wrongful death cases and know how complicated they can be. Our job is to make sure your loved one’s memory is honored, and those responsible are held accountable.

• Personalized Approach

We understand that every family is unique, and every case is different. We take the time to listen and create a strategy that fits your needs.

• Fighting for Fair Compensation

We’ll fight to ensure you get the compensation you need, whether it’s for funeral costs, lost income, or emotional pain. We’ll work to get you what’s fair.

• Clear Communication

We’ll keep you informed every step of the way so you feel confident in your options. If you’re ready to take the next step in seeking justice for your loved one, we’re here to help. Reach out to us today to start the conversation.

Frequently Asked Questions

What are the most common causes of wrongful death? 

Car accidents, medical malpractice, workplace accidents, defective products, and criminal acts are among the most common causes of wrongful death.

How much compensation can I get for a wrongful death case? 

The amount of compensation depends on several factors, including the circumstances of the death, your losses, and the emotional pain your family has suffered. You may be entitled to damages for funeral costs, lost wages, and other losses.