Understanding Wrongful Death Claims in Florida: How to Seek Justice and Compensation for Your Loss

Losing a loved one is always difficult, but when their death results from another’s negligence or wrongful act, the pain can be compounded by a sense of injustice. In Florida, families have the right to file a wrongful death claim to pursue both justice and financial compensation. Navigating the legal process during such an emotional time can be challenging, but understanding the basics of wrongful death law is crucial for families seeking to hold responsible parties accountable for their actions.

In this blog, we’ll explore how wrongful death claims work in Florida, who can file a claim, the types of compensation available, and why hiring a wrongful death lawyer is crucial for obtaining justice.

What Is a Wrongful Death Claim in Florida?

A wrongful death claim arises when someone dies due to the negligent or intentional actions of another person or entity. In Florida, wrongful passing claims are governed by the Florida Wrongful Death Act, which provides legal recourse for the deceased’s surviving family members to pursue compensation.

These claims may result from various incidents, including:

• Car accidents caused by negligent drivers
• Medical malpractice by healthcare professionals
• Workplace accidents
• Product liability (faulty products)
• Criminal actions, such as assault or homicide

The purpose of a wrongful death claim is to hold the at-fault party accountable for their actions and to provide the surviving family members with financial compensation for their loss.

Who Can File a Wrongful Death Claim in Florida?

In Florida, only specific individuals are allowed to file a wrongful death claim. According to state law, the personal representative of the deceased person’s estate is responsible for filing the claim on behalf of the surviving family members. The personal representative is typically named in the deceased’s will or appointed by the court.

Surviving family members who may be entitled to compensation through a wrongful passing claim include:

• The deceased’s spouse
• The deceased’s children
• The deceased’s parents
• Any other relatives who were dependent on the deceased for financial support

It’s important to note that wrongful death claims in Florida are filed on behalf of the survivors, and any compensation awarded is distributed among the eligible family members.

The Statute of Limitations for Filing a Wrongful Death Claim in Florida

In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means that family members must initiate the legal process within two years or risk losing their right to pursue compensation.

However, there may be exceptions or extensions in certain cases, such as those involving medical malpractice or if the defendant attempts to conceal their role in the death. Because these timelines can be complex, it’s essential to consult with a wrongful death lawyer as soon as possible to ensure you don’t miss any deadlines.

Types of Compensation Available in a Wrongful Death Claim

In a negligence-related death claim in Florida, the surviving family members may be entitled to various types of compensation, including:

1. Medical Expenses

If the deceased received medical care prior to their death due to the injuries caused by the negligent party, the family may be compensated for medical bills.

2. Funeral and Burial Costs

Wrongful death claims often include compensation for the reasonable expenses related to the funeral and burial of the deceased.

3. Loss of Financial Support

If the deceased was the primary wage earner for their family, the surviving members may be compensated for the loss of future income and financial support.

4. Loss of Companionship and Guidance

Family members, particularly spouses and children, may be compensated for the emotional and relational impact of losing their loved one, often referred to as loss of companionship and parental guidance.

5. Pain and Suffering

In Florida, surviving family members may also seek compensation for the mental anguish and emotional pain caused by their loved one’s death.

How a Wrongful Death Lawyer Can Help You Pursue Justice

Wrongful death claims are complex legal matters, and navigating this process while grieving can be overwhelming. This is where a wrongful death lawyer plays a vital role. Hiring a skilled personal injury lawyer to handle your negligence-related death claim provides the following benefits:

1. Knowledgeable About Florida’s Laws

An experienced wrongful death lawyer understands the intricacies of Florida’s laws and can ensure that your claim is filed correctly and within the legal timeframe.

2. Thorough Investigation

Your attorney will conduct a detailed investigation to gather evidence, interview witnesses, and work with experts to build a strong case. This process is crucial for proving liability and securing compensation.

3. Negotiation with Insurance Companies

Insurance companies often aim to reduce payouts or even deny claims altogether. Having legal representation can be essential to ensure that your interests are fully protected and that you pursue the maximum compensation you deserve. 

By managing communications and negotiations with the insurance companies, your attorney can help level the playing field, ensuring your claim is taken seriously and that all aspects of your loss are considered in the settlement.

4. Representation in Court

Should the parties be unable to reach an agreement, your attorney will take the case to trial and present it before a judge and jury. In court, they will vigorously argue for your family, using evidence and expert testimony to seek the compensation and justice you deserve. Your legal team will guide you through this process, ensuring that your rights are protected every step of the way.

Why Time Is Critical in a Wrongful Death Claim

As mentioned earlier, Florida’s statute of limitations allows only two years to file a wrongful death claim. While this may seem like ample time, building a strong case takes time and effort. Gathering evidence, interviewing witnesses, and negotiating with insurance companies can be a lengthy process. The sooner you involve a wrongful death lawyer, the better your chances of securing the compensation you deserve.

Additionally, vital evidence you need in your wrongful death claim can disappear over time, and any memories that witnesses had may fade. Acting quickly ensures that your lawyer can gather all necessary documentation and details before it’s too late.

The Importance of Seeking Compensation for Your Family

Pursuing a wrongful death claim is not only about seeking financial compensation—it’s about holding the responsible party accountable for their actions. While no amount of money can bring back your loved one, obtaining compensation can provide financial stability for your family during a difficult time.

Compensation can cover ongoing expenses, allow for therapy or counseling, and provide a sense of closure by holding the negligent party responsible.

Contact the Personal Injury Lawyers at Feingold & Posner, P.A.  to File a Wrongful Death Claim in Florida and Seek Justice for Your Loved One

If you’ve lost a loved one due to someone else’s negligence, Feingold & Posner, P.A. is here to help. Our dedicated wrongful death lawyers understand the complexities of these cases and are committed to seeking justice on behalf of grieving families in Florida. 

Call us today at (954) 807-4665 for a free consultation, or fill out our online contact form to speak with an attorney. Let us handle the legal aspects of your wrongful death claim while you focus on healing with your loved ones.