Who Can Bring a Wrongful Death Claim in Florida?

While it is never easy to lose a member of your family, it is especially tragic when their death could have been prevented but for someone else’s negligence. When you lose a loved one, you can no longer benefit from their care and affection or any income they may have provided. You could also be left to deal with their burial and funeral costs, medical bills, and other expenses.

Pursuing legal remedies after a family member’s wrongful death may not diminish your grief, but it can take some of these burdens off your shoulder. Unfortunately, Florida law only lets certain individuals file a lawsuit after a wrongful death. If someone in your family has died and you wish to pursue a wrongful death claim, it is important to understand the limitations.

The Florida wrongful death attorneys at Zervos & Calta, PLLC know how hard the loss of a family member can be. That’s why we want to help you hold the liable party accountable for their negligence and get justice for your loved one. Keep reading to learn more about wrongful death claims in Florida and contact our office for a free consultation.

How Does Florida Define a Wrongful Death?

The Florida Wrongful Death Act defines a wrongful death as any death caused by another party’s wrongful actions, negligent behavior, default, or breach of contract. Keep in mind that negligence is not the same as criminal behavior. Someone does not need to be charged with or found guilty of a crime to be liable in a wrongful death case.

What Are the Different Types of Wrongful Death Cases in Florida?

Many different circumstances provide grounds for a wrongful death suit. However, the most common wrongful death cases in Florida involve:

• Motor vehicle accidents – Negligent or reckless driving often cause fatal traffic accidents.
• Medical malpractice – When doctors or medical staff make lethal errors, they can be held accountable.
• Defective products – Deaths caused by unsafe or faulty products can warrant a wrongful death claim.
• Premises liability – Deadly accidents can occur because a property owner failed to fix or warn of hazards.

What Damages Are Recoverable Under Florida’s Wrongful Death Act?

In Florida, families can recover several types of damages in a wrongful death lawsuit. This compensation can help cover the financial and emotional losses caused by a loved one’s death, including:

• Funeral costs – The cost of the funeral and burial can be included in a wrongful death claim.
• Lost support and services – This covers the financial support the deceased would have provided their family, such as income and household help.
• Loss of companionship and protection – Family members can receive compensation for the loss of guidance and love the deceased would have provided.
• Pain and suffering – This includes the grief and anguish the death caused close family members.
• Medical costs – If the family paid any medical expenses, they can be reimbursed.

When Do I Have the Right to File a Wrongful Death Lawsuit in Florida?

In Florida, your family may have the right to bring a wrongful death claim when your loved one passes away because of someone else’s negligence or intentional acts. If your loved one would have been able to file a personal injury lawsuit against the at-fault party if they had lived, then you likely have grounds for a wrongful death suit.

However, under Florida Statutes § 768.20, only the personal representative of the deceased’s estate can file a wrongful death claim for the surviving family members. The personal representative is either named in the deceased’s will or chosen for them by the courts.

To win the case, the estate must prove that another party’s actions directly caused the deceased’s death. It must also show that the deceased’s survivors have suffered financial and emotional losses because of this death.

What Compensation Can the Estate Recover in a Survival Action?

A survival action is different from a wrongful death claim because it focuses on the damages the deceased person could have recovered if they had lived. Essentially, it is the personal injury lawsuit the deceased could have filed and that “survives” them after death.

Unlike the wrongful death suit (which compensates surviving family members for what they’ve suffered), a survival action compensates a deceased’s estate for the harm the deceased and their estate suffered. It can cover:

• Costs for medical treatment before death
• Income the deceased would have earned before passing away
• Future income the deceased was expected to earn and leave to the estate

Is There a Time Limit for Filing a Wrongful Death Lawsuit in Florida?

In Florida, the time limit for filing a wrongful death claim depends on the cause. There is a two-year deadline for most negligence-based wrongful death claims, such as traffic collisions and slip and falls. However, there are exceptions that may shorten or extend this deadline. An experienced Florida wrongful death lawyer can give you a better idea of the time limits that might apply to your case.

Who Is Eligible To File A Florida Wrongful Death Claim?

You might have grounds to recover compensation through a wrongful death lawsuit if someone in your immediate family died in a manner that meets the definition of a wrongful death. However, whether you can bring that lawsuit is another question. The Wrongful Death Act also states that only the personal representative of the deceased’s estate is eligible to file a wrongful death lawsuit. The personal representative is sometimes referred to as the executor of the estate.

If the deceased named a family member as their personal representative, then that family member would be the one to file a wrongful death lawsuit. But if the deceased chose someone else, such as a friend or their attorney, then only that chosen representative could file a wrongful death lawsuit on the family’s behalf. If the deceased did not have a will or did not name a personal representative, a local probate court judge can designate someone to be the personal representative.

Can a Family Sue for Wrongful Death in Florida?

Strictly speaking, only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Florida. However, if a wrongful death suit recovers money, the funds will go to the deceased’s immediate family or other beneficiaries.

The surviving family members who are eligible to recover compensation for wrongful death in Florida are:

• The deceased’s surviving spouse
• The deceased’s surviving children
• The deceased’s adult children, if there is no surviving spouse
• The parents of a deceased minor
• Any blood relatives or adopted siblings who were financially dependent on the deceased

Bear in mind that while these are the family members who may recover compensation from a wrongful death claim (along with the deceased’s estate), it is up to the personal representative of the estate to actually file the lawsuit. A family member cannot bring a wrongful death claim in Florida if they are not the personal representative of the deceased’s estate.

How Do I Prove Wrongful Death in Florida?

Proving wrongful death in Florida can be difficult. You must show how the liable party caused the death of your family member due to negligence or a wrongful act. You will need strong evidence to support your claim, such as:

• Police reports
• Medical records from the deceased, the liable party, or both
• Photos from the scene of the accident
• Eyewitness accounts
• Surveillance footage
• Property records

The more evidence you have to support your case, the better your chance to recover compensation. One of the key jobs of a wrongful death lawyer is to find evidence to substantiate your claim and then use it to create a persuasive argument regarding the other party’s fault. Contacting an attorney as soon as possible after a family member’s wrongful death is crucial so that they can begin collecting strong evidence to support your claim.

Wrongful Death Claims Vs. Survival Actions in Florida

While wrongful death claims are meant to compensate the deceased’s family for the family’s suffering, there is another type of legal action that may allow you to recover compensation for the deceased’s injuries prior to death. This type of claim is known as a survival action.

Essentially, a survival action is a lawsuit brought by the deceased’s estate to recover compensation for the harm the deceased suffered after an accident but prior to the death. However, compensation in a wrongful death lawsuit is paid to the deceased’s family first, while compensation from a survival action goes to the deceased’s estate. Depending upon the circumstances of the deceased’s death, you may have grounds for both a wrongful death claim and a survival action. Contact an attorney for more information.

Contact A Florida Wrongful Death Attorney Today

We know the last thing you want to think about after a family member’s death is a legal battle. But you deserve compensation for your loss, and your loved one deserves justice and accountability – and we can help you demand that. A wrongful death lawsuit can protect your financial future and help you hold negligent individuals responsible for their actions.

The Florida wrongful death attorneys of Zervos & Calta, PLLC have more than 50 years of experience and will make the legal process as easy on you as possible. While you mourn your loved one and spend time with your family, we can handle the legal work on your behalf. Contact us today for a free consultation and to learn more about our services.

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About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.