According to the most recent national injury data, Florida has the highest death rates from unintentional injuries, motor vehicle traffic, pedestrians, pedal cyclists, and drowning among ages 0-9.
Nothing is more terrible and shocking than losing a loved one unexpectedly. No amount of condolences or money can bring back your loved one. However, the death of a loved one also comes with another unwelcome burden: piles and piles of mounting bills.
If the death has been caused by someone else’s negligence, they should be liable to pay the bills. In these devastating moments, however, the legal system can feel overwhelming.
But you don’t have to face this alone. At Madalon Law, our Florida wrongful death lawyers can be your guide through this difficult time. Our wrongful death lawyers will fight to secure justice and the compensation you deserve.
A wrongful death suit is a legal claim filed by surviving family members. This occurs when someone dies due to the negligence or wrongdoing of another person or entity.
It differs from a wrongful injury lawsuit, which can be filed by the injured person themselves before they pass away.
This “wrongful act” could take many forms, such as:
Traffic accidents
This can be caused by drunk drivers, distracted drivers, or drivers who violate traffic laws. These accidents can involve various vehicles, including:
Medical Malpractice
When a doctor, nurse, or other healthcare professional makes a serious mistake that leads to death, it’s considered wrongful death through medical malpractice. This can include:
Dangerous products
Products with faulty designs or inadequate warnings that cause harm or death can result in wrongful death. This can include a wide range of products, from:
Workplace tragedies
This happens when an employer fails to provide a safe work environment, leading to a fatal accident. This can include:
Nursing home abuse or neglect
This happens when a nursing home fails to properly care for an elderly resident, leading to their death.
These are just some of the most common examples of wrongful death. If you believe a family member died due to someone else’s negligence, contact our lawyer in Florida. We specialize in wrongful death cases. Even if your personal injury case doesn’t fit neatly into one of these categories, you still have the option to discuss your situation.
To win a wrongful death case in Florida, you’ll need to prove four essential elements:
Florida law defines who qualifies as an eligible survivor in a wrongful death claim. Here’s a breakdown:
However, in Florida, a wrongful death claim can’t be filed directly by grieving family members. Instead, a court-appointed personal representative must initiate the lawsuit. This representative acts on behalf of the deceased person’s estate and the surviving family members who have suffered losses due to the death.
Here’s how the process typically works:
Selection of Personal Representative: The personal representative is usually chosen in one of two ways:
Filing the Lawsuit: Once appointed, the personal representative has the legal authority to file a wrongful death lawsuit. This means they can take legal action against the party responsible for the death.
Distribution of Compensation: Any compensation awarded in the lawsuit is distributed by the personal representative to the surviving family members. This could include the spouse, children, parents, or dependents of the deceased.
Florida law allows lawsuits against various parties whose actions or negligence caused a wrongful death. Here’s a breakdown of potential defendants:
Individuals: A person whose carelessness or intentional act directly led to the death can be held liable. This includes:
Businesses and Corporations: Companies can be held liable if their faulty products or services contribute to a death. This could involve:
Government Entities: In specific situations, government entities may be liable if their negligence caused the death. Examples include:
Property Owners: Property owners have a responsibility to maintain a safe environment. If their negligence, such as failing to repair a broken staircase or inadequate security, leads to death, they can be sued.
Nursing Homes and Assisted Living Facilities: These facilities have a duty to provide proper care for residents. If neglect or abuse at a nursing home contributes to a resident’s death, the facility can be held liable.
Remember, this list is not exhaustive. If you believe someone else’s negligence caused your loved one’s death, consult with a wrongful death attorney to discuss your specific situation. They can help determine if you have a case and who the appropriate party is to hold liable.
If you want to win a wrongful death lawsuit, you need to present a compelling case with solid evidence to prove the defendant’s fault. Here’s a closer look at the types of evidence essential for your claim:
Medical Records
Medical records are critical for establishing the cause of death and the extent of your loved one’s injuries. These records should document:
Police Reports
These reports document the scene of the accident, witness statements, and initial findings by law enforcement.
Accident Reconstruction Analysis
Accident reconstruction experts can analyze the scene and contributing factors to determine how the incident unfolded.
Scene Photos and Videos
Visual evidence from the scene can be very powerful, capturing details like skid marks, damage, and surroundings.
Expert Witness Testimony
Depending on the case specifics, expert witnesses can provide valuable insights. This might include:
Financial Records
Documentation of your family’s financial losses due to the death can also strengthen your personal injury claim. Examples include:
Proof of the Defendant’s Negligence
Evidence showing the defendant’s actions or lack of action directly caused the death is essential. This could include:
An experienced wrongful death lawyer in Florida can help you gather all relevant evidence. They will then use it to build a strong case and fight for the compensation you deserve.
In a wrongful death lawsuit in Florida, the goal is to recover compensation for the losses suffered by surviving family members due to their loved one’s death. There are two main categories of damages you can pursue:
Economic Damages
These are concrete financial losses that you can calculate and document with receipts or bills. They aim to compensate the family for the financial burden caused by the death. Economic damages can include:
Past Medical Expenses
This category covers all medical bills incurred by the deceased in the time between the accident or incident that caused their death. This may include:
If any family member covers the victim’s medical expenses, they can seek reimbursement for those costs as damages. Alternatively, if the decedent’s estate covers these expenses, the estate can seek compensation for the financial loss incurred.
Funeral and Burial Expenses
The financial burden of laying your loved one to rest is a legitimate claim in a wrongful death case. This includes:
Lost Earning Capacity
This is an important part of wrongful death compensation, especially when the person who passed away was the main breadwinner of the family.
It helps make up for the money the family would have expected the person to earn in the future if they had lived. This includes financial elements like:
You can figure out the value of these services by taking into account factors like:
Lost Support and Services
Every surviving family member may be eligible to recover the lost financial and practical contributions of the deceased. These contributions can include money, property, and physical work.
For instance, a surviving spouse may have the right to seek compensation for the value of household chores and other services that the deceased spouse provided. This includes activities like:
The value of these services is typically calculated based on the average cost of hiring someone to perform these tasks.
Loss of Inheritance
If the deceased had a history of providing financial support to surviving family members, their untimely death can create financial hardship. This is especially true if the deceased was expected to leave them an inheritance.
Damages in this category can help compensate for:
Damaged Claimed by the Estate
The deceased’s estate (which handles their financial affairs after death) may also be able to claim compensation for:
Non-Economic Damages
These damages are more subjective and harder to quantify. They aim to compensate for the emotional pain and suffering caused by the loss of a loved one. Non-economic damages can include:
Loss of Companionship and Consortium
Beyond the financial losses, a wrongful death can leave a huge emotional hole. Florida law recognizes this and allows a spouse and minor children who lose the love, companionship, guidance and support the deceased provided.
Imagine all the ways your loved one was there for you – their advice, their help, just being there. This category aims to acknowledge that loss.
In some situations, adult children may also be eligible for compensation for this loss, but only if there’s no surviving spouse.
Emotional Pain and Suffering
Some family members may receive compensation for the emotional pain and suffering they experience due to the loved one’s death. Here’s a list of those who typically qualify in Florida:
Punitive Damages
Punitive damages in Florida wrongful death cases serve two main purposes: to punish the responsible party and to discourage similar behavior in the future.
Punitive damages are meant to penalize the defendant for their extreme misconduct. This is unlike compensatory damages, which are meant to ease the financial burdens of the surviving family members,
To be awarded punitive damages in Florida, you must prove that the defendant’s actions were not just negligent, but grossly reckless or intentional. This means showing that their behavior went beyond ordinary negligence and showed a deliberate disregard for others’ safety.
Florida law sets strict criteria for granting punitive damages. The misconduct must be severe enough to warrant punishment beyond compensatory damages alone. Courts consider factors like the severity of the harm caused and whether the defendant acted with malicious intent.
If the court decides punitive damages are appropriate, they may award it in addition to compensatory damages. However, Florida law puts limits on punitive damages, depending on the specifics of the case. Typically, punitive damages can be awarded at a maximum of three times the amount of compensatory damages or $500,000, whichever is greater.
For example, if the court grants $1 million in compensatory damages to the victim’s family, it cannot grant more than $3 million in punitive damages.
Tax Considerations: It’s important to note that some of these damages may be subject to federal income taxes. A seasoned personal injury lawyer in Florida can advise you on minimizing any potential tax implications.
There isn’t actually an “average payout” for wrongful death cases in Florida. Every case is unique, and the settlement or jury award depends on several factors. Here’s why:
Instead of focusing on an average, discuss your case with a wrongful death attorney. They can estimate a potential settlement range based on the specific details of your situation.
Shared fault, also known as comparative negligence, is a legal concept that applies to wrongful death cases in Florida. It essentially means that the blame for the accident that caused the death can be apportioned between the deceased person and the party you’re suing (the defendant).
Here’s a breakdown of how shared fault works in Florida wrongful death cases:
For example, let’s say the jury awards $1 million in damages for your wrongful death claim. However, the evidence shows the deceased was 20% responsible for the accident. In this scenario, your family would receive 80% of the awarded amount, which is $800,000.
Here are some situations where shared fault might come into play:
Keep in mind that the burden of proving the deceased’s comparative negligence falls on the defendant. They need to present evidence to convince the jury that the deceased shared some responsibility for the accident.
That’s why it’s important for you to have a strong legal team. An experienced wrongful death attorney can minimize the percentage of fault attributed to the deceased and maximize your just compensation.
Even if you believe the deceased might have been partially responsible, don’t hesitate to speak with a wrongful death attorney. They can analyze the specifics of your case and advise you on the best course of action.
In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of your loved one’s death. This means you have two years to initiate legal proceedings against the party responsible for the wrongful death.
Here’s a breakdown of the important aspects of this time limit:
It’s important to remember:
If you believe you have a wrongful death claim, don’t wait. Contact a wrongful death attorney in Florida as soon as possible to discuss your situation and understand your legal options.
The death of a child is a devastating loss. If someone else’s negligence caused it, Florida law allows you to seek compensation for some of the expenses and pain you experience.
Here’s what you might be entitled to:
A qualified lawyer can guide you through the legal process and fight for the compensation you deserve during this difficult time.
The pain of losing a parent is immense for children. While money can’t replace a parent’s love, a wrongful death lawsuit can help alleviate some of the financial burden and ensure the child’s future financial security.
Here’s a breakdown of why wrongful death attorneys are so important for children in such situations:
Securing Financial Security: The loss of a parent creates a major financial hardship for children. A wrongful death lawsuit can help recover compensation for:
Protecting Children’s Interests: Children are legally considered minors and cannot represent themselves in a lawsuit. A wrongful death attorney acts as their legal guardian and ensures their rights and interests are protected throughout the legal process.
Safeguarding Compensation: In Florida, there are legal protections in place for compensation awarded to minor children in wrongful death cases. Attorneys can help establish trusts or other legal safeguards to ensure the money is managed responsibly and used for the child’s benefit until they reach adulthood.
If you know a child who has lost a parent in a fatal accident, encourage their family to reach out to a qualified wrongful death attorney as soon as possible. The attorney can guide them through the legal process, fight for fair compensation, and ensure the child’s needs are met during this difficult time.
What is a conscious pain and suffering claim in a wrongful death claim?
A wrongful death lawsuit can encompass more than just the financial loss suffered by surviving family members. In some cases, a claim for “conscious pain and suffering” can be included. This seeks compensation for the pain your loved one felt too, before they passed away. This is called “conscious pain and suffering.”
It’s important to understand that not all wrongful deaths qualify for this type of claim. You need to prove the deceased was conscious and aware of their pain during this interim period. The severity of the injury and the length of time between injury and death also play a major role.
“Conscious pain and suffering” claims can be challenging to prove and emotionally difficult for families. However, a qualified wrongful death attorney can analyze your case, determine if this claim is applicable, and fight to recover the maximum compensation you deserve.
What are some special rules for filing a wrongful death claim arising from medical malpractice?
If you believe a doctor’s mistake caused your loved one’s death in Florida, there are specific requirements before filing a wrongful death lawsuit. These rules help ensure only strong cases with merit are brought forward.
Under Florida law, you need to obtain a qualified healthcare professional’s opinion on your case. Essentially, another doctor needs to review the situation and provide a professional judgment on whether there was negligence or wrongdoing by the original doctor.
There’s also a time limit to file your lawsuit. In most cases, you have two years from the date of your loved one’s death to take legal action. However, depending on the specifics of your situation, there might be exceptions to this deadline.
These special rules might seem complex, but don’t worry. Consulting with a qualified wrongful death attorney can help you determine if you have a valid case.
Can you bring a wrongful death claim against a government entity?
Florida allows lawsuits against government entities for wrongful death if their negligence caused the death. This means you can sue if a loved one dies due to a government mistake.
But as you can probably guess, suing the government is challenging. Specific rules and procedures apply, and there are limits on damages you can receive.
A lawyer can help guide you through these complex waters and find out if you have a valid case.
Is there any difference between a wrongful death lawsuit and a criminal case in Florida?
In Florida, there are two separate legal tracks you might consider: criminal cases and wrongful death lawsuits.
Criminal cases are brought by the state to punish the person responsible for the death. They aim for jail time or fines. The burden of proof is high, meaning prosecutors need to be very sure the person committed a crime.
Wrongful death lawsuits are different. Here, the family sues for money to recover from their loss. This could include medical bills, lost income the deceased provided, and emotional pain. The burden of proof is lower; you need to show the other party’s actions caused the death.
A lawyer can help you understand which path is right for your situation.
Can insurance help cover a wrongful death claim in Florida?
Insurance can sometimes play a role in wrongful death claims. If the responsible party had insurance, their policy might provide compensation through a lawsuit. The type of insurance (car, home, business) and its coverage limits will determine how much you might receive.
An attorney can explore all possibilities, including the at-fault party’s insurance, to maximize the compensation you receive for your loss.
Don’t worry about the legalities – focus on grieving and healing. A lawyer can handle the complexities and fight for what you deserve.
Does Florida offer alternatives to a courtroom battle in a wrongful death claim?
Losing a loved one is never easy, and navigating a wrongful death claim can add extra stress. The good news is that Florida offers alternatives to a courtroom battle. These options can help save time, money, and emotional strain for everyone involved.
Mediation and arbitration are two popular alternatives. In mediation, a neutral third party guides both sides toward a solution that works for everyone. It’s a guided negotiation where you have more control over the outcome.
Arbitration involves presenting your case to an impartial judge who delivers a binding decision. This is much faster than a courtroom battle.
Consulting with a lawyer during this process is critical. They can explain the pros and cons of each option and help you choose the best path for your unique situation. This way, you can focus on grieving and healing while your lawyer gets you fair compensation.
Losing a loved one unexpectedly is devastating. In the midst of grief, key evidence and legal rights can slip away. A Florida wrongful death attorney at Madalon Law can act swiftly to:
Get the Support You Deserve During This Difficult Time.
Call Madalon Law for a free consultation and speak to a Florida wrongful death lawyer today. We fight for the rights of grieving families throughout Florida.
We understand this is a challenging time. Let our law firm help you navigate the legal process and get the compensation you deserve.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
