Losing someone you care about because of someone else’s actions is painful, confusing, and overwhelming. When that loss is caused by carelessness or wrongdoing, Florida law allows surviving family members to seek justice through a civil case. The filing of a wrongful death lawsuit gives families a way to hold the responsible party accountable and recover financial compensation during a difficult time.
While no amount of money can fix the loss, understanding your rights can help you take important steps forward. Florida has its own rules that impact the timeline for wrongful death lawsuits, which means it’s important to act quickly and know what’s required.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of legal action that families can pursue when someone dies due to the wrongful act, carelessness, or failure of another person or company. Under Florida Statutes § 768.16–768.26, this type of lawsuit allows surviving family members to recover fair compensation for their loss.
Wrongful deaths can happen in many ways. Some of the most common causes include car crashes, medical errors, defective products, and dangerous workplaces. In Florida, the personal representative of the deceased person’s estate is the person who files the lawsuit. That representative acts on behalf of the family, other eligible survivors, and the estate.
Step-by-Step Process for Filing a Wrongful Death Lawsuit in Florida
The process may seem complicated, but breaking it down step-by-step can make it easier to understand what comes next.
Appointing a Personal Representative
In Florida, the first step in the death lawsuit filing process is naming a personal representative. This person is usually named in the will. If the victim did not have a will, the court will appoint someone. This is typically a close family member. Only the personal representative has the legal power to file a civil lawsuit for a death claim on behalf of the surviving family and the estate.
Determining Eligible Survivors
Once a representative is appointed, the next step is figuring out who may receive compensation. Florida law allows spouses, children, parents, and anyone financially dependent on the deceased to recover damages. This part of the wrongful death legal steps is important because not everyone in the family may qualify.
Gathering Evidence and Building a Case
A strong case requires proof. This includes collecting documents, medical records, accident reports, and witness statements. Building evidence for a wrongful death case takes time, but it’s essential for proving a negligence death case and showing the link between the careless action and the person’s death. This part of the process helps show that the death wasn’t just an accident, but that it was a death due to negligence or death caused by someone else’s wrongdoing or misconduct.
Filing the Claim Within the Statute of Limitations
Florida law allows families two years from the date of death to file a wrongful death lawsuit. Missing this window can mean the court will refuse to hear your case altogether, no matter how strong it might be.
Negotiation or Litigation
After the lawsuit is filed, many cases go into the settlement process. This is where the lawyers presenting the claim try to reach an agreement with the insurance company or the at-fault party. If no agreement is reached, the case may go to trial. Either way, it’s an essential part of filing a claim for a fatal accident and pursuing wrongful death compensation.
Types of Damages in a Wrongful Death Claim
When someone dies because of another person’s actions, their family may be able to recover money for both economic and emotional losses. Florida law recognizes several types of damages in these cases.
Economic Damages
These are compensation for the financial losses tied to the death. Economic losses can include medical expenses before the death, funeral and burial costs, and the loss of income or benefits the deceased would have earned. These are often the easiest to calculate and support with receipts or documentation.
Non-Economic Damages
Non-economic damages are compensation for personal losses that do not have a specific dollar value. These include emotional harm caused by wrongful death and the suffering and loss of companionship or guidance that surviving family members endure. Children may receive compensation for the loss of a parent’s support, while spouses may receive money for losing their partner’s care and comfort.
Punitive Damages
There are also instances where Florida courts may award punitive damages. These aren’t tied to the family’s loss. Instead, they punish the wrongdoer and discourage similar behavior in the future. Punitive damages are only available at trial and may not be acquired through settlement.
Why Hiring a Florida Wrongful Death Attorney Matters
Going through the legal process alone can be overwhelming, especially while grieving. A lawyer with experience in wrongful death cases can handle the legal work. From gathering documents and dealing with insurance companies to presenting the case in court, legal support makes a real difference in getting through the process.
A Florida wrongful death attorney can also help you determine your eligibility for a wrongful death claim, answer your questions about how to start a wrongful death case, and guide you through local court procedures. Their help often makes it easier to pursue full compensation and avoid costly errors.
Mistakes to Avoid When Pursuing a Wrongful Death Lawsuit
Even with the best intentions, some families miss key steps in the wrongful death claim procedure. Here are a few things to watch out for:
- Waiting too long – Once the two-year window closes, it’s too late to file suit.
- Accepting a quick settlement – Insurance companies may offer less than your claim is worth. Talk to a lawyer before accepting.
- Not keeping records – Documenting everything from hospital bills to emotional impact is key in proving your case.
These mistakes can impact your ability to recover fair wrongful death damages.
Contact Our Wrongful Death Lawyer in Florida Today
If you’re thinking about filing a claim after the loss of a loved one, the time to act is now. The process can be difficult, but you don’t have to go through it alone. Our Florida wrongful death lawyer at Jurewitz Law Group Injury & Accident Lawyers is here to help you take the next step. Call (619) 233-5020 today to get started with a consultation and get the information you need to move forward.
