Florida is known for its stunning beaches, vibrant cities, and beautiful weather. Every year, millions of people worldwide visit and move to Florida, drawn by its relaxed lifestyle and natural beauty. But despite its charm and idyllic vibe, Florida is not immune to tragic events. Like anywhere else, unexpected accidents can lead to heartbreaking consequences, including the loss of loved ones.
When a family member dies due to someone else’s negligence, it’s more than just a tragic accident; it’s an unimaginable injustice. In legal terms, this is known as a “wrongful death,” and it can have a profound impact on families. Losing a loved one brings emotional pain, financial strain, and questions that often feel impossible to answer alone. Sadly, wrongful deaths happen across the state due to car accidents, medical malpractice, workplace hazards, and other avoidable situations.
Florida’s wrongful death laws are in place to help families seek justice and financial support during these painful times. According to the Florida Health Charts, the state saw 17, 123 deaths from unintentional injuries in 2022. Out of those, Florida had the highest death rates from car accidents, falls, drowning, and pedestrian accidents compared to the six biggest states in the U.S.
While no amount of compensation can truly make up for the loss, pursuing a wrongful death claim can help families find closure and a sense of justice.
If you’re seeking compassionate, experienced guidance, the team of Florida wrongful death lawyers at Madalon Law is here to help. With years of experience in personal injury cases, our attorneys can fight for justice on behalf of Florida families.
Losing a loved one is always difficult, but when their death could have been prevented, the pain and anger can be overwhelming. Wrongful death occurs when someone’s reckless, negligent, or intentional actions lead to another person’s death. In these cases, our experienced Florida wrongful death attorneys can help surviving family members seek justice.
Imagine a driver, too focused on their phone, strikes and kills a pedestrian. Or consider a doctor who misdiagnoses an illness or prescribes the wrong treatment, leading to a patient’s death. These situations, where a simple behavior change might have saved a life, are examples of wrongful death. Other common causes include drunk or reckless driving, workplace accidents, cyclist accidents, defective products, and even criminal acts.
If you believe that your loved one’s death could have been avoided if someone had acted differently, a wrongful death lawyer in Florida can help you explore your legal options.
It’s important to understand that a wrongful death claim is a civil case, separate from any criminal case. You can pursue a wrongful death claim even if no criminal charges are filed and regardless of the outcome of a criminal trial.
How is a Wrongful Death Claim Different from Homicide or Murder?
A wrongful death claim and a homicide charge both involve someone losing their life due to another’s actions, but they’re handled very differently under the law. Here’s a closer look at the key differences between the two:
Type of Case: Civil vs. Criminal
A wrongful death claim is a civil lawsuit brought by the deceased person’s family or estate. It seeks financial compensation for the family’s losses, such as medical bills, funeral costs, and emotional suffering.
A homicide or murder charge, on the other hand, is a criminal case brought by the state. Its goal is to punish the offender, which may involve jail time, fines, or even a death sentence in severe cases.
Burden of Proof
In a wrongful death claim, the standard of proof is “preponderance of the evidence“, meaning it’s more likely than not that the defendant’s actions caused the death. This lower burden of proof makes it easier to win a wrongful death case compared to a criminal case.
For a murder or homicide charge, the prosecution must prove “beyond a reasonable doubt” that the defendant committed the crime. This higher standard is required to ensure that only those who are truly guilty face criminal punishment.
Outcomes and Penalties
A successful wrongful death claim results in financial compensation for the deceased’s family. This money aims to ease the financial burden on surviving family members.
In a homicide or murder case, if the defendant is found guilty, they face criminal penalties. These include but are not limited to imprisonment or fines, depending on the severity of the offense and state laws.
Independent from Each Other
A wrongful death claim can proceed regardless of any criminal charges. This means that even if the state does not press charges, the family can still file a wrongful death claim.
Conversely, a wrongful death claim can still succeed even if a criminal case results in acquittal, as the burden of proof is lower in civil cases.
For families seeking justice after a loved one’s death, understanding these differences is important. Working with a wrongful death attorney in Florida can help guide you through the civil claims process while allowing criminal proceedings, if any, to run their course separately.
In Florida, to win a wrongful death suit, the plaintiff (the person filing the lawsuit) must prove several key elements. These elements are critical to showing that the defendant is legally responsible for the death of a loved one. Let’s break down what needs to be proven:
1. The Defendant’s Duty of Care
The first thing that must be shown is that the defendant had a duty to take care of your loved one. In other words, the defendant was in a position where they were legally obligated to act in a way that would prevent harm to others. For example, a driver has a duty to drive safely and obey traffic laws to avoid accidents.
2. Negligence or Wrongful Conduct
Next, the plaintiff must prove that the defendant was negligent, reckless, or intentionally caused harm. This means showing that the defendant failed to live up to the duty they had to the deceased.
Keep in mind that not all tragic deaths have a clear party responsible. For example, if two cars slide on ice despite the drivers’ best efforts to avoid a collision, neither may be at fault.
However, if one driver was speeding, driving aggressively, or acting dangerously, a wrongful death claim may be justified. If faulty vehicle parts or poor maintenance also led to the accident, the manufacturer or service provider may be held responsible.
3. Causation: Proving the Defendant’s Actions Led to the Death
The plaintiff must prove that the defendant’s actions directly caused the death of the deceased. This is known as “causation.” It means the plaintiff must show that if the defendant hadn’t acted negligently, recklessly, or intentionally, the person would still be alive. If there is no clear connection between the defendant’s actions and the death, the case may not be successful.
4. Damages: The Harm Caused to Surviving Family Members
Finally, the plaintiff must prove that the surviving family members suffered because of the death. For a wrongful death claim, there must be two types of loss. First, financial losses for your family and, secondly, emotional losses.
Financial losses may include medical bills, funeral expenses, lost income, and even non-economic damages like pain and suffering. Compensation from a wrongful death claim can cover these expenses and help your family maintain its quality of life.
Loss of emotional support may also be compensated.
During a free initial consultation, our Florida wrongful death attorneys will carefully review each of these elements with you. This process helps you understand the strength of your case before you take further action.
For a wrongful death case in Florida, certain legal criteria must be met. First, there must be a death caused by another party’s intentional or negligent actions. This responsible party can be an individual, a business, an organization, or even a government entity.
The family must also show that they’ve suffered financially because of their loss. Additionally, the deceased’s estate needs a named representative to pursue the claim.
Let’s explore these elements in more detail to see how they apply to wrongful death cases in Florida.
Proving Causation in Florida Wrongful Death Cases
In Florida, causation is a critical element. To prove causation, the plaintiff’s lawyer must show that the defendant’s wrongful act was the direct cause of the deceased’s death. Without this link, the case cannot move forward.
Why Causation and Proof Matter
Causation is one of the most vital elements to prove in a wrongful death case. If there’s no clear link between the defendant’s actions and the death, the case is likely to fail. This is why gathering strong evidence, such as medical records, eyewitness testimonies, and expert opinions, is important in wrongful death cases.
To succeed in a wrongful death case, your lawyer will need to gather strong evidence for all the elements discussed. The lawyer will work to show that the defendant’s actions caused the death harmed the survivors, and that damages are deserved for the loss. The evidence may be presented to insurance companies or in court, depending on how the case progresses.
Wrongful death cases can arise from a variety of circumstances where someone’s negligence or intentional actions lead to a fatal outcome. These cases are as diverse as the incidents that cause them, with different types of accidents giving rise to wrongful death claims. Below are some of the most common and impactful types of wrongful death cases.
Vehicle Accidents
Vehicle accidents are one of the leading causes of wrongful death claims. These can include car accidents, motorcycle crashes, truck accidents, bicycle accidents, and even pedestrian fatalities. In many cases, a driver’s negligence or recklessness causes the accident. For example, if a driver is texting, speeding, or driving under the influence of alcohol or drugs, they may cause a fatal crash.
Similarly, truck accidents are often caused by fatigued drivers, improperly maintained vehicles, or failure to follow regulations. Pedestrians and cyclists are especially exposed in these accidents, and when a driver fails to yield the right of way or doesn’t stop for a red light, it can lead to a fatal injury.
If you or someone you love has been affected by a fatal vehicle accident, a wrongful death claim can help hold the responsible party accountable.
Medical Malpractice
Medical malpractice is a leading cause of wrongful death. When healthcare professionals fail to meet the expected standard of care, it can lead to preventable deaths. A misdiagnosis, delayed diagnosis, or wrong treatment plan can have fatal results. If a doctor overlooks key symptoms or misses vital tests, a serious illness like cancer or heart disease may go undiagnosed.
Surgical errors, anesthesia mistakes, and medication overdoses can also lead to death. When medical negligence causes the death of a loved one, the family may have grounds for a wrongful death claim. It’s important to consult a Florida wrongful death attorney to see if medical malpractice played a role in the tragedy.
Workplace Accidents
Workplace accidents can be catastrophic, particularly in high-risk industries like construction, manufacturing, and agriculture. Employers are legally required to ensure that their employees have a safe working environment. If they fail to meet these standards, it can lead to fatal injuries.
For example, workers can die on the job due to falls from scaffolding, being struck by heavy machinery, or electrocution. Lack of safety precautions, toxic chemical exposure, or inadequate training can also lead to fatal accidents.
If a worker dies because of their employer’s negligence, the family may file a wrongful death lawsuit. Workers’ compensation might be available, but a wrongful death lawsuit can provide extra financial compensation. This is especially true if the employer’s actions or negligence directly caused the death.
Product Liability
Defective products can cause tragic, preventable deaths. Product liability cases often arise from faulty items like defective vehicles, malfunctioning appliances, or hazardous medical devices. For instance, if a car’s airbag fails to deploy or a brake system malfunctions, the manufacturer may be held liable.
Similarly, faulty medical devices like pacemakers or surgical tools can cause fatal injuries. Mislabeled products or a failure to warn consumers of risks can also lead to wrongful deaths. If a loved one dies due to a defective product, it’s important to consult a wrongful death attorney specializing in product liability.
Premises Liability/Slip, Trip, and Fall Accidents
Property owners must maintain safe conditions for people on their premises, whether it’s a private home, public building, or commercial property. If someone dies due to unsafe conditions, the property owner may be liable. For example, if a person slips on a wet floor in a supermarket that wasn’t properly cleaned or marked, and the fall leads to death, the store owner may be responsible.
Premises liability cases can also involve unsafe staircases, poorly lit parking lots, broken or uneven floors, or inadequate security measures. Property owners must take reasonable steps to prevent accidents. When they fail, their negligence can lead to a wrongful death claim.
Nursing Home Abuse
Nursing home abuse is a tragic and far-too-common cause of wrongful death, particularly among the elderly. When a nursing home or caregiver neglects or abuses a resident, it can result in severe injuries or death. Abuse can take many forms, from physical violence to emotional and psychological mistreatment. Neglect, such as failing to provide adequate food, water, medication, or personal care, can lead to death due to malnutrition, infection, or untreated medical conditions.
Inadequate staffing, poor hygiene, or failure to follow medical protocols can also lead to wrongful death in nursing homes. If your loved one has passed away due to nursing home neglect or abuse, it’s important to consult a wrongful death lawyer who specializes in these cases to seek justice for your family.
Dog Bites and Animal Attacks
Fatal dog bites and animal attacks are another cause of wrongful death claims. While most animals are harmless, some can become aggressive. This is especially true if they are not properly trained, restrained, or cared for.
If a person is attacked by a dog and the injuries lead to death, the dog’s owner or handler may be held responsible for the fatality. For example, if a dog breaks free from its owner’s yard and attacks a person, the owner could be liable for the victim’s death.
Animal attacks can also occur with exotic or wild animals. In this case, the owner of such an animal may be held accountable for any injuries or fatalities caused by their pet. Animal owners must prevent their pets from harming others. If they fail to do so, they may be held liable for wrongful death.
Accidents at Amusement Parks
Amusement parks are meant to be fun and exciting. However, when park owners or managers ignore ride malfunctions or safety measures, accidents can happen.
Fatalities at amusement parks often result from faulty equipment or poorly maintained rides. For example, if a roller coaster derails due to a mechanical failure or safety harness malfunction, the park’s maintenance team may be held liable.
Negligence in employee training or safety protocol violations can also lead to fatal accidents. If your loved one died in an amusement park accident, consult a wrongful death attorney to explore your legal options.
Preventable Child Deaths
The heartbreaking reality of preventable child deaths often involves accidents like drownings, suffocations, or poisonings. If a child dies from a preventable accident, such as drowning in a poorly secured pool, the responsible party may be held accountable. Similarly, the manufacturer or owner may be liable if a child is exposed to hazardous chemicals or dangerous toys.
Parents and guardians trust others to ensure their children’s safety. When that trust is broken, the consequences can be fatal. If a daycare center, childcare worker, or neighbor fails to keep a child safe, they can also be held responsible.
These wrongful death cases involve preventable tragedies. The families left behind often face both emotional and financial burdens. If you believe a loved one died due to someone else’s negligence or actions, a personal injury attorney in Florida can help. They can guide you through your legal options and help you seek compensation for your family.
When someone else’s actions lead to a wrongful death, they may have liability insurance to cover the costs. This could include auto, homeowners, business, or malpractice insurance. To get the compensation your family deserves, you’ll likely need to file a claim against the at-fault party’s policy.
However, insurance companies don’t always offer a fair settlement. They may try to pay less than you’re entitled to. Often, they will use your grief and stress to pressure you into accepting a low offer.
At Madalon Law, we are experienced in handling insurance companies. We know their tactics and how to fight for a fair payout for our clients.
It’s also important to understand that insurance policies have coverage limits. Sometimes, the amount you deserve may exceed the policy’s maximum limit. If that happens, the at-fault party could be required to pay the difference out of pocket. No matter the coverage limit, you may still be entitled to full compensation for your loss.
Who Can File a Wrongful Death Claim?
In many wrongful death cases, the claim is filed by the representative of the deceased person’s estate. This person makes decisions about the case and handles the distribution of any settlement money to the family.
Typically, the spouse or domestic partner of the deceased files the claim. If the deceased person didn’t have a spouse or partner, an adult child may take on this responsibility. In some cases, the deceased’s parents or guardians might file a lawsuit.
To proceed, legal documents must be filed showing the relationship between the deceased and the person filing. This is usually an easy step to complete.
It’s important to file the wrongful death claim within the statute of limitations. In Florida, you have 24 months from the date of the death to file the claim. If you miss this deadline, you won’t be able to file the lawsuit or get compensation. The loss can sometimes make it difficult to file on time, but it’s critical not to miss this deadline.
When you work with Madalon Law, we take care of all the paperwork, court filings, and negotiations for you. We keep you updated, so you can focus on healing and spending time with your family.
Florida Wrongful Death Damages That Can Be Claimed by Relatives (Survivor Damages)
In Florida, the Wrongful Death Statute (section 768.21) outlines the types of damages that surviving family members can seek in a wrongful death case. These damages are meant to compensate for the financial, emotional, and practical losses caused by the death of a loved one.
Here are the main categories of damages that can be claimed:
Mental Pain and Suffering
Mental pain and suffering are among the most personal damages in a wrongful death case. Some relatives can claim damages for the emotional pain they feel after the death. A surviving spouse or a child under 25 can usually receive these damages.
If there’s no surviving spouse, an adult child may also claim this type of damage. In medical malpractice cases, however, adult children may not be eligible.
These damages help recognize the emotional loss suffered by those closest to the deceased.
Loss of Companionship and Protection
Surviving relatives can claim damages for the loss of guidance and support from the deceased. A surviving spouse and minor children are eligible for this. If there is no surviving spouse, adult children can also claim these damages.
Loss of Support and Services
Relatives may be able to claim for the financial contributions the deceased would have made if they hadn’t passed away. This includes money, property, and services like housework or childcare. For example, a spouse may claim the value of housework that their partner would have continued doing.
Medical Bills and Funeral Expenses
The family members who paid for medical bills or funeral expenses can recover these costs as part of the wrongful death claim. These expenses can be large, especially in cases of long-term illnesses, hospital stays, or traumatic accidents. If the deceased’s estate pays the medical bills and funeral costs, it can recover those costs through the wrongful death claim.
It’s important to keep all receipts and records related to medical care, hospital stays, and funeral expenses. This is vital if you want to include them in your claim.
Damages That Can Be Claimed by the Estate
Aside from the damages for surviving family members, the deceased’s estate can also seek compensation. These damages reflect the economic losses by the estate due to the wrongful death:
Lost Earnings
The estate can seek compensation for the deceased’s lost future earnings. This includes salary, benefits, and pension contributions. It also covers other financial contributions the deceased would have made to the family. For example, if the deceased was the primary breadwinner, the estate can claim the future income they would have provided for the family.
Lost Accumulation of Value
The estate may also recover damages related to the financial losses the deceased person would have built upThis includes investments, savings, and any other value the deceased would have built over their lifetime. For instance, if the deceased had investments, retirement funds, or other assets that would have appreciated over time, the estate can seek to recover those losses.
The goal is to compensate the estate for the potential future wealth the deceased would have generated.
In short, Florida law provides a broad range of damages for surviving family members and the deceased’s estate in a wrongful death case. These damages help cover the emotional, financial, and practical losses caused by the wrongful death.
If your loved one has passed because of someone else’s negligence or intentional actions, a wrongful death attorney can guide you through the process, helping you seek the justice and compensation you deserve.
What is Survival Action?
A survival action is a legal claim that allows the deceased victim’s estate to recover damages for the pain, suffering, and losses they experienced before death. Unlike a wrongful death claim, which focuses on the survivors, a survival action focuses on the deceased’s rights and losses that occurred prior to death.
Survival actions can be brought for:
In Florida, survival actions are governed by Florida Statutes Section 46.021 and Section 768.20, which allow the personal representative of the deceased’s estate to pursue these claims.
The Key Difference Between Wrongful Death and Survival Actions
In Florida, wrongful death and survival actions provide important ways to seek compensation for the loss of a loved one. Wrongful death claims help survivors recover damages for emotional and financial losses.
Survival actions help the deceased’s estate recover damages for the pain and suffering they experienced before their death. Both types of claims can be complex, but a skilled Florida wrongful death attorney will guide you through these legal processes and ensure you receive your fair compensation.
Losing a loved one is never easy, especially when their death was caused by someone else’s actions. If you find yourself in this situation, a wrongful death lawyer in Florida can provide much-needed support and guidance. Here’s how they can help you through this difficult time.
1. Understanding the Legal Process
Florida law surrounding wrongful death can be confusing. A lawyer will help you understand your rights and the steps involved. They will explain the legal terms and make sure you know what to expect.
2. Investigating the Incident
A wrongful death lawyer will fully investigate the circumstances surrounding the death. They will collect evidence, interview witnesses, and consult experts. This process helps prove that the defendant was at fault for your loved one’s death.
3. Proving Negligence or Wrongdoing
In a wrongful death case, you must prove that the defendant’s actions caused the death. Whether it was negligence, recklessness, or intentional misconduct, a lawyer will gather evidence to support your claim. They will work hard to prove the other party was responsible.
4. Calculating Damages
A wrongful death lawyer will help determine the full extent of your financial and emotional losses. This includes lost income, funeral costs, and medical bills. They will also consider emotional losses, such as pain and suffering. They will make sure you are not undercompensated.
5. Negotiating with Insurance Companies
Insurance companies may try to settle the case quickly, offering less than you deserve. A wrongful death lawyer knows how to negotiate. They will fight for a fair settlement to cover all your losses. They are skilled at handling these negotiations to get the best result for you.
6. Representing You in Court
If a fair settlement cannot be reached, your lawyer will take your case to court. They will represent you throughout the trial process, presenting your case to the judge and jury. A lawyer with experience in wrongful death cases will ensure your voice is heard in court.
7. Handling All Legal Details
Dealing with a wrongful death case involves many legal details. Your lawyer will handle paperwork, deadlines, and court filings. This means you don’t have to worry about missing important steps during the process.
8. Providing Emotional Support
While a lawyer’s main job is legal, they can also offer emotional support during this tough time. Losing someone you love is traumatic. A good lawyer will listen, be compassionate, and help you feel supported throughout the legal process.
9. Helping You Understand Compensation
A wrongful death lawyer will explain the different types of compensation you have the right to. In Florida, survivors can recover damages for lost wages, emotional pain, and funeral costs. Your lawyer will guide you through each type of compensation you can seek.
10. Offering Legal Expertise and Resources
Wrongful death cases can involve complex laws and rules. A lawyer brings their expertise to the table. They will know the ins and outs of Florida law and how it applies to your case. Plus, they have resources like medical and financial experts to help strengthen your claim.
11. Protecting Your Rights
Insurance companies and defendants may try to minimize their liability. A wrongful death lawyer will protect all your rights. They will make sure you don’t settle for less than what you deserve.
12. Managing Time and Deadlines
Wrongful death cases in Florida have a time limit for filing, known as the statute of limitations. If you don’t file your claim within this period, you may lose your right to sue. A lawyer will make sure you meet all the deadlines so you can pursue the compensation you deserve.
13. Offering Free Consultation
Many wrongful death lawyers in Florida offer free consultations. This allows you to discuss your case without any upfront costs. You can ask questions, learn about your options, and decide if the lawyer is the right fit for you.
While no amount of money can bring your loved one back, a wrongful death lawyer can help you get justice and some peace of mind.
How Do Wrongful Death Lawyers Help Children Whose Parents Suffered a Fatal Accident?
When a parent dies in an accident, children face not only emotional trauma but also financial challenges. Wrongful death lawyers can help children by seeking compensation for the loss of parental support, love, and guidance.
A lawyer can work to ensure that children receive the financial resources they need for the future, such as education, healthcare, and living expenses. They can also help ensure that the personal injury claim acknowledges the emotional impact of the loss.
What’s the Wrongful Death Recovery When a Parent Loses a Child?
Losing a child is an incredibly painful experience for any parent. A parent can sue for emotional pain, loss of companionship, and future financial support after a child’s wrongful death. This may include the loss of the child’s potential earnings, services, and love.
Although no amount of money can replace the loss, compensation can help provide some financial stability during a very difficult time.
What’s the Statute of Limitations for a Wrongful Death?
In Florida, the statute of limitations for filing a wrongful death claim is typically two years from the date of death. This means that you must file the lawsuit within two years or risk losing your right to pursue the claim. There are some exceptions, so it’s important to consult a lawyer as soon as possible to ensure you don’t miss the deadline and lose the opportunity to seek justice.
How Do I Know If I Have a Valid Wrongful Death Claim?
To determine if you have a valid wrongful death claim, you must show that another person or party’s actions were responsible for the death. This can involve proving negligence, such as in a car accident, medical malpractice, or a defective product case.
A lawyer will review the facts of your case, gather evidence, and consult with experts to assess whether you have a strong claim. It’s important to seek legal advice as soon as possible to understand your options.
Will Remarrying Affect My Right to Compensation for My Former Spouse’s Wrongful Death?
No, remarrying will not affect your right to seek compensation for your former spouse’s wrongful death. You can still file a wrongful death claim and recover damages for your emotional distress, loss of financial support, and other hardships caused by the death. Your new marriage does not take away your right to be compensated for the loss of your previous spouse.
Are There Differences Between Adult and Minor Children’s Rights in a Wrongful Death Claim?
Yes, there are differences. Minor children typically have the right to claim damages for the loss of parental support, guidance, and care. They may also seek compensation for the emotional loss of their parent.
Adult children can also claim for emotional distress but may not receive compensation for loss of support, depending on their relationship with the deceased. Minor children generally have stronger claims for financial loss and emotional harm because they are more dependent on their parents.
What Are My Options if I Can’t Afford a Lawyer to Take My Case?
If you can’t afford a lawyer, most wrongful death lawyers work on a contingency fee basis. This means that the lawyer will only get paid if you win the case. The lawyer’s fee is usually a percentage of the compensation awarded. This allows you to pursue justice without worrying about paying upfront costs.
It’s important to talk to a lawyer about their payment structure and make sure you understand how they will be compensated.
How Much is a Wrongful Death Lawsuit in Florida Worth?
The value of a wrongful death lawsuit varies depending on several factors. This can include the age of the deceased, their income, the support they provided, and the emotional losses suffered by the family. For example, a claim for a young person with a high earning potential may be worth more than a claim for an elderly person with less financial support.
A lawyer can help assess the value of your case by considering these and other factors to determine what compensation you may be entitled to.
What If My Relative Lives for a While After the Incident and Then Dies?
If your relative survives for a period of time after an accident and then dies, you may be able to pursue two types of claims. The first is a survival action, which seeks compensation for the pain and suffering the deceased experienced before death, along with any medical bills. The second is a wrongful death claim, which seeks damages for the loss of the family members after the death. Both claims may be filed together to ensure that all damages are accounted for.
What If One or More of the Survivors Who Are Entitled to Bring a Wrongful Death Case Decide Not to Sue?
If one or more of the eligible survivors decide not to file a wrongful death claim, those who do want to file can still proceed with the lawsuit. Each survivor has the right to decide whether or not they wish to pursue a claim.
The decision of one person does not prevent others from seeking justice and compensation for their loss.
What If the Decedent Was Partially at Fault in Causing Their Own Death?
In Florida, if the deceased person was partially at fault for their death, you can still file a wrongful death claim. Florida follows a comparative fault rule, which means that the compensation you may receive could be reduced by the percentage of fault attributed to the deceased.
For example, if the deceased was 20% at fault, their family could still recover 80% of the compensation. A lawyer can help determine how fault will affect the value of your claim.
How Hard is It to Prove Wrongful Death?
Proving wrongful death can be challenging, but a skilled lawyer can help. It involves gathering evidence, such as medical records, accident reports, witness statements, and expert testimony, to show that another party’s negligence caused the death. Your lawyer will work to demonstrate the connection between the defendant’s actions and the death, as well as the emotional and financial losses suffered by the survivors.
While it can be difficult, an experienced lawyer can guide you through the process and increase the chances of a successful outcome.
How is a Wrongful Death Settlement in Florida Dispersed?
In Florida, when a wrongful death lawsuit is settled, the compensation is typically divided equally among all beneficiaries. If the adult beneficiaries can agree on how to share the settlement, the court will usually respect their decision. However, there are some situations where the court may get involved. For example, if there are any liens on the deceased’s estate, those will be paid from the settlement portion awarded to the estate, not the survivors.
For minor children, a guardian must be appointed to manage their share of the settlement until they become adults, under Florida Guardianship Law. Additionally, if an adult was financially dependent on the deceased, such as in cases of disability, they are given the same priority as minor children.
Attorney fees are generally deducted from the settlement amount and are usually paid by the personal representative of the estate. In cases where the deceased’s spouse is the personal representative, the court may appoint an administrator ad litem during the lawsuit to ensure the funds are distributed fairly.
Can a Wrongful Death Claim Be Filed if the Deceased Had No Will?
Yes, a wrongful death claim can still be filed even if the deceased did not have a will. In such cases, the family members, such as a surviving spouse, children, or parents, can be designated as beneficiaries and can proceed with the claim. If the deceased had no estate plan, the court would appoint a personal representative, typically a family member, to manage the wrongful death case and distribute any recovered damages.
Can I File a Wrongful Death Claim if the Responsible Party is a Government Entity?
Yes, you can file a wrongful death claim against a government entity, but it is more complicated. There are special rules and limitations when suing a government agency. For example, you may have a much shorter time limit to file the claim, and there may be caps on the amount of compensation you can receive. A lawyer experienced in handling claims against government entities can help you understand these rules.
What Happens if the Defendant in a Wrongful Death Case Files for Bankruptcy?
If the defendant in a wrongful death case files for bankruptcy, it can complicate the situation but doesn’t necessarily prevent you from recovering compensation. In bankruptcy cases, certain debts may be discharged, but wrongful death claims are typically considered separate from regular debts. You may still be able to collect damages from the defendant’s insurance company, or if the defendant has assets, you may be able to pursue them through the bankruptcy process.
Can a Wrongful Death Claim Be Filed if the Deceased Was Not Married?
Yes, a wrongful death claim can still be filed if the deceased was not married. Surviving family members, including children, parents, or siblings, can bring the claim. The right to file the lawsuit is usually given to those who were financially or emotionally dependent on the deceased. A lawyer can help determine who is eligible to file the claim based on the specific circumstances of the case.
Can a Wrongful Death Claim Be Filed in a Case of Suicide?
In cases of suicide, it can be difficult to file a wrongful death claim, especially if no one else was directly responsible for the act. However, if negligence or misconduct played a role in the suicide—such as workplace bullying, medical malpractice, or product liability—it may be possible to file a wrongful death claim. A lawyer can review the specific details of the case and help determine whether a claim is possible.
Will Insurance Cover the Cost of a Wrongful Death Claim?
In many cases, the responsible party’s insurance will cover the costs associated with a wrongful death claim. This could include car insurance, homeowner’s insurance, or liability insurance. However, if the responsible party does not have enough insurance or no insurance at all, the family may need to explore other legal avenues to seek compensation. A lawyer can help investigate all possible sources of recovery.
How Can I Prove the Emotional Impact of a Wrongful Death on My Family?
Proving the emotional impact of a wrongful death can be challenging but is important for securing compensation. Emotional damages are usually documented through testimony from the surviving family members, such as their grieving process, mental health struggles, and loss of companionship. Experts such as therapists or counselors may also provide testimony. Collecting evidence like letters, photos, and other personal memories can also help demonstrate the emotional toll on the family.
What Types of Damages Can Be Recovered in a Wrongful Death Case?
In a wrongful death case, survivors may be entitled to recover several types of damages. These can include economic damages, such as lost wages, medical bills, and funeral expenses. Non-economic damages, such as emotional distress, loss of companionship, and pain and suffering, are also considered. Punitive damages, which are meant to punish the responsible party and deter future misconduct, may be awarded in cases of extreme negligence or intentional harm.
Can a Wrongful Death Claim Be Settled Out of Court?
Yes, many wrongful death claims are settled out of court through negotiations between the parties involved. Settling out of court can be a faster and less expensive way to resolve the case. However, it’s important to ensure that the settlement amount is fair and reflects the full extent of the damages. A lawyer can help evaluate any settlement offer and advise whether it’s in your best interest to accept or pursue a trial.
How Can I File a Wrongful Death Claim if I Live in a Different State?
If you live in a different state from where the death occurred, you can still file a wrongful death claim. The laws in the state where the death took place will apply. A lawyer licensed in that state can represent you and guide you through the legal process. It’s important to consult with a lawyer who is familiar with the wrongful death laws of the state where the incident occurred.
What Should I Do If I Am Uncertain About Who Is Responsible for the Death?
If you’re unsure who is responsible for the death, the first step is to consult a wrongful death lawyer. They can help investigate the circumstances surrounding the death, gather evidence, and determine liability. The lawyer may consult with experts, such as accident reconstruction specialists or medical professionals, to uncover who may be at fault. Once responsibility is identified, they can guide you through the legal process of filing the claim.
What Are the Long-Term Impacts of a Wrongful Death on Survivors?
The long-term impacts of a wrongful death on survivors can be significant, both emotionally and financially. Survivors may experience ongoing grief, depression, anxiety, and other mental health challenges. Financially, the loss of income, support, and services can create hardships for the surviving family members.
The emotional and financial consequences often last for years. A wrongful death claim can help survivors recover compensation to ease the financial burden, while emotional recovery may require therapy and support.
Can I Appeal a Wrongful Death Case if I Lose?
Yes, you can appeal a wrongful death case if you lose, but the process can be complicated. An appeal is usually based on legal errors made during the trial that may have affected the outcome. This could involve issues like improper jury instructions, incorrect application of the law, or new evidence coming to light. An experienced lawyer can help determine if there are valid grounds for an appeal and guide you through the process.
Will the Defendant’s Criminal Conviction Affect My Wrongful Death Claim?
A criminal conviction in a wrongful death case may be helpful in proving the defendant’s liability in a civil claim. However, the criminal case and the civil case are separate. A criminal conviction can strengthen your wrongful death claim, but you still need to prove negligence or wrongful conduct in the civil case. A criminal conviction may also influence settlement negotiations or jury decisions, but you don’t have to wait for a criminal case to resolve before pursuing a wrongful death claim.
How Does Insurance Impact the Amount I Receive from a Wrongful Death Claim?
Insurance plays a critical role in the amount of compensation you may receive in a wrongful death claim. If the responsible party has insurance, such as auto insurance or liability insurance, the claim is likely to be covered by the insurance company.
However, the policy limits may affect the amount you can recover. If the defendant has inadequate coverage or no insurance, you may need to explore other sources, such as your own insurance, to recover damages. A lawyer can help maximize the settlement.
Is It Possible to Bring a Wrongful Death Claim Against a Corporation?
Yes, it is possible to bring a wrongful death claim against a corporation if its actions led to a person’s death. Corporations can be held responsible for negligent practices, unsafe working conditions, or defective products that cause harm. A wrongful death claim against a corporation is often more complex because multiple parties may be involved. A lawyer experienced in handling cases against large entities can handle the legal process and pursue compensation for the survivors.
If you’ve lost a loved one due to someone else’s negligence or misconduct, you may be feeling overwhelmed. At Madalon Law, our Florida wrongful death lawyers understand the emotional and financial toll these accidents can take on your family. Our team can help you seek justice and compensation during this difficult time. Here’s how we can assist you throughout the legal process.
Let us help you get the justice your family deserves. Reach out to Madalon Law today for a free case review with one of our Florida wrongful death lawyers.
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.
