What Is a Wrongful Death Claim in Florida?
A wrongful death claim arises when a person dies as a result of the negligence or wrongful act of another person or entity. Florida's Wrongful Death Act (Chapter 768, Florida Statutes) governs who can bring these claims and what damages may be available.
Common causes of wrongful death cases include car and truck accidents, motorcycle accidents, slip and fall incidents, and other personal injury situations where the injuries resulted in death.
Who Can File a Wrongful Death Claim in Florida?
Under the Florida Wrongful Death Act, the claim is brought by the personal representative of the deceased person's estate, on behalf of the estate and eligible surviving family members. Survivors who may have claims include:
- Surviving spouse
- Children of the deceased
- Parents of a minor child, or parents of an adult child in certain circumstances
- Other blood relatives or adoptive siblings who were partially or wholly dependent on the deceased
Each survivor's claim is distinct. The damages available to each depend on their relationship to the deceased and the specific circumstances.
What Damages May Be Available in a Florida Wrongful Death Case?
Damages in a wrongful death case may include:
- Loss of support and services that the deceased provided
- Loss of companionship, instruction, and guidance (for certain survivors)
- Mental pain and suffering of surviving family members (in certain circumstances)
- Medical and funeral expenses paid by the estate
- Lost net accumulations to the estate
Florida made significant changes to wrongful death law in 2023, including changes that affect who can bring claims and what damages are available in certain cases. An attorney can explain how current law may apply to your specific situation.
Florida Wrongful Death Statute of Limitations
Florida's wrongful death statute of limitations is generally two years from the date of death. This is a strict deadline. Missing it may permanently bar the family's ability to pursue a claim. Consulting with an attorney promptly after the loss is advisable.
How Gonzalez Munoz Law Handles Wrongful Death Cases
Gonzalez Munoz Law handles wrongful death cases throughout Miami-Dade County from our North Miami Beach office. We understand that these cases are not just legal matters — they involve families during the most difficult moments of their lives. We work to explain the process clearly, handle the legal aspects thoroughly, and advocate for the family's interests throughout the case. We handle wrongful death cases on a contingency fee basis.
Часто задаваемые вопросы
Who can file a wrongful death claim in Florida?
The personal representative of the deceased's estate files the claim on behalf of eligible survivors. These may include a surviving spouse, children, and in some circumstances parents. The specific eligibility depends on the relationship and the facts of the case.
How long do I have to file a wrongful death claim in Florida?
Generally two years from the date of death under Florida's Wrongful Death Act. This deadline is strict. Consulting an attorney promptly is advisable to preserve the family's options.
What if the at-fault party had minimal insurance?
There may be multiple parties with responsibility depending on the circumstances — other drivers, employers, property owners, vehicle manufacturers. Additionally, uninsured/underinsured motorist coverage may apply in vehicle accident cases. An attorney can help identify all potential sources of recovery.
Can we pursue a wrongful death claim if there was a criminal case?
Yes. A wrongful death civil claim and a criminal prosecution are separate proceedings. A civil claim can proceed regardless of whether criminal charges are filed or how a criminal case resolves. The standards of proof are different.
What is the difference between a wrongful death claim and a survival action in Florida?
A wrongful death claim is brought by the estate and survivors for their own losses after the death. A survival action is brought by the estate for damages the deceased person could have pursued had they survived — such as pain and suffering experienced before death. Both may be available depending on the circumstances.