Wrongful Death in Florida: Who Can File, What Damages Are Available, and Typical Timelines

When a loved one dies due to the negligence, reckless behavior, or intentional misconduct of another person, a wrongful death claim may be filed. In Florida, if the deceased individual had been able to file a personal injury lawsuit, then their estate can file a wrongful death claim. Wrongful death claims intend to compensate the deceased individual’s family for emotional, financial, and other losses suffered as a result of their death. 

Who Can File a Wrongful Death Lawsuit in Florida?

The personal representative of a deceased individual’s estate may file a wrongful death lawsuit in Florida. A family member of the deceased cannot file their own lawsuit for wrongful death separate from the wrongful death claim filed by the personal representative of the deceased’s estate. 

This personal representative has a fiduciary duty to pursue maximum available damages under the law in a wrongful death case. Each potential beneficiary in a wrongful death claim must also be identified, no matter how remote their relationship to the deceased. A personal representative may be appointed if the deceased died without a will. Otherwise, the executor or personal representative specified in the will would act in this capacity.

Which Damages Are Available In a Wrongful Death Case?

There are a variety of damages available to a family member after the death of a loved one. Any care or services provided by the deceased can be something that is petitioned for within the wrongful death lawsuit. Factors such as the relationship between the petitioning party and the deceased, the deceased’s income, and the type of care provided will all affect the amount of damages awarded. 

Especially noteworthy is the surviving spouse’s ability to recover damages in a wrongful death claim. Companionship, loss of protection, in addition to pain and suffering, are all potentially recoverable for a spouse. 

Children of the deceased, if under the age of 25, may also recover damages. Similar damages as discussed previously, such as the loss of parental guidance and companionship, may be sought after in a wrongful death claim. 

Finally, an adult child of the deceased is not completely out of luck in recovering damages in a wrongful death claim. In the event that the deceased was not married at the time of their passing, an adult child (over the age of 25) can recover damages for lost parental companionship and mental pain and suffering. 

Standard Timeline In a Wrongful Death Case

A wrongful death case must be filed within two years of the date of your loved one’s death. Once a wrongful death claim is filed, there is a stage of collecting potential evidence (discovery) and negotiating damages in mediation. 

If no settlement can be reached on the key terms of the wrongful death claim, a trial will be held. A trial provides both parties with ample opportunity to present evidence associated with the deceased individual’s passing as a result of the negligence, recklessness, or intentional conduct of the purported at-fault party. 

Contact Difilippo & Pica, PLLC Today For a Free Case Review

Choose to have an experienced Florida wrongful death attorney fight for your deceased loved one’s rights. At Difilippo & Pica, PLLC, we strive to uphold the memory of the deceased individual while pursuing maximum damages. Contact our office today for a free case review.