How to File a Wrongful Death Lawsuit in Florida
Losing a loved one is an unimaginable tragedy, made even more challenging when the loss is due to someone else’s negligence or wrongful actions. In such cases, Florida allows for pursuing justice through a wrongful death lawsuit. These lawsuits provide a legal avenue for families to seek compensation for their loss and hold responsible parties accountable. Here, we will delve into the intricacies of wrongful death lawsuits in Florida, including explaining the legal framework, eligibility criteria, damages available, and the steps involved in pursuing justice for your loved ones.
What is Wrongful Death?
In Florida, a wrongful death is defined as a death resulting from the negligence, recklessness, or intentional misconduct of another person or entity. Under the Florida Wrongful Death Act (Florida Statutes Sec. 768.16-768.26), surviving family members can bring legal action to seek compensation for their loss.
The following elements must be proven to establish a wrongful death claim in Florida:
- The death of a person
- The death was caused by the wrongful act, negligence, default, breach of contract, or warranty of another party.
- The conduct that caused the death would have entitled the deceased person to file a personal injury claim had they survived.
- The surviving family members have suffered damages as a result of the death.
It’s important to note that wrongful death claims can arise from various circumstances, including car accidents, medical malpractice, workplace accidents, premises liability, and more.
Who Can File a Wrongful Death Lawsuit?
In Florida, specific individuals are eligible to bring a wrongful death lawsuit. These individuals are referred to as “survivors” under the law, and they include:
- The spouse of the deceased
- Children of the deceased (including biological, adopted, or dependent stepchildren)
- Parents of the deceased (f there is no surviving spouse or children)
- Blood relatives or adoptive siblings (if they were partly or wholly dependent on the deceased for support or services)
It’s essential to consult with an experienced wrongful death attorney to determine if you qualify as a survivor under Florida law. They are able to guide you through the legal process and help you understand your rights and potential legal remedies.
Damages and Settlement in Wrongful Death Lawsuits
In a wrongful death lawsuit, eligible survivors can pursue various types of damages, both economic and non-economic, to compensate for their losses. These may include:
Economic Damages:
- Funeral and burial expenses
- Medical expenses incurred before the death
- Loss of financial support, including income and benefits
- Loss of services, such as household chores and childcare
Non-Economic Damages:
- Pain and suffering endured by the deceased before death.
- Loss of companionship, guidance, and emotional support
- Mental anguish and emotional distress suffered by the survivors.
Punitive Damages:
- In some instances involving gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.
It’s important to remember that the settlement awarded in a wrongful death claim or lawsuit varies depending on the specific circumstances of the case and the evidence presented.
The Legal Process for Pursuing A Wrongful Death Lawsuit
Bringing a wrongful death lawsuit in Florida involves several critical steps, including:
Hiring an Experienced Attorney: Seek the assistance of an experienced wrongful death attorney who can guide you through the legal process, protect your rights, and advocate for your interests.
Investigation and Gathering Evidence: Your attorney will conduct a thorough investigation to gather evidence supporting your claim, such as accident reports, medical records, expert opinions, and witness statements.
Filing the Lawsuit: Your attorney will draft and file a complaint, initiating legal proceedings against the responsible party or parties. The complaint outlines the facts of the case, the legal basis for the claim, and the damages sought.
Discovery Phase: Both parties exchange information and evidence relevant to the case through interrogatories, depositions, and requests to produce documents.
Settlement Negotiations: Your attorney will negotiate with the opposing party’s legal representatives to reach a fair settlement. If a settlement cannot be reached, the case proceeds to trial.
Trial: If the case goes to trial, your attorney will present your case before a judge and or jury, offering evidence and arguing for the compensation you deserve.
Judgment and Appeal: If successful at trial, you will be awarded damages based on the court’s ruling. However, either party may appeal the decision if they believe errors were made during the trial.
Choose an Experienced Wrongful Death Attorney with McKyton Law
Wrongful death lawsuits in Florida are a means to seek justice for the loss of a loved one caused by someone else’s negligence or misconduct. By understanding all the steps involved in pursuing a wrongful death claim, you can navigate this complex process more effectively. Consulting with a skilled wrongful death attorney is crucial to protecting your rights and ensuring you have the support you need during this challenging time.
By pursuing a wrongful death lawsuit, you can honor your loved one’s memory and obtain the compensation necessary to rebuild your life. Contact McKyton Law Firm today to find out if you have a case.