Are Florida Wrongful Death Cases Difficult to Litigate?
Brian O Sutter
Wrongful Death
It can be truly devastating when you lose a loved one because of a medical error that could have been prevented. When this happens, people often seek the counsel of experienced attorneys who know how to navigate Florida’s Wrongful Death Act.What Is Florida’s Wrongful Death Act?
The Wrongful Death Act outlines what happens if a defendant is brought into court under the suspicion of wrongful death. When you lose someone due to another’s negligence, you can file a wrongful death suit as a survivor on the decedent's behalf. This can be a spouse or children of the decedent, regardless of age.
In addition to wrongful death in a medical setting, accidents can also occur on the road and in the workplace.
The Statistics
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and the Crash Dashboard, as of July 7, 2022, there were approximately 194,632 Florida car accidents. While we may see a downward trend compared to previous years, we have to suggest that the decline could be due to the pandemic.
However, despite declining numbers, Florida is still listed as one of the most dangerous states for drivers throughout the country.
Other causes of wrongful death claims in this state include slip and falls, workplace injuries, motorcycle and truck accidents, amusement park ride accidents, fatal dog bites, criminal assault, and boating accidents.
Damages in a Wrongful Death Claim
Survivors of the decedent, under Florida statutes, may be entitled to several damages, including the loss of companionship, loss of instruction, loss of guidance, loss of potential earnings, mental pain and suffering, loss of protection, and medical and funeral expenses.
However, the amount of damages ultimately depends on a number of factors, which also brings us to why wrongful death cases in Florida may be difficult to litigate.
The Difficulties Litigating Wrongful Death Cases
When filing a wrongful death claim as a survivor, you may be awarded compensation dependent on your relationship to the decedent, the amount of the decedent’s net income that would have been available, and the replacement value of the decedent’s services.
Certain things must be proven and presented if your claim has been escalated to a wrongful death claim. You must be able to prove life was lost as the result of another person’s actions.
You also have to show that the death resulted from a negligent act or an intentional act. In addition, you must also show that there are survivors suffering monetarily from the loss.
Unless you have all the necessary information and proof, this kind of case can be difficult to navigate and litigate. If the case is not settled, then it will go into the discovery phase before heading into a trial, where you may need to provide even more information.
For all these reasons and more, you will want to have an experienced wrongful death attorney on your side to help you navigate the process. They will also ensure that all the proper documentation is filed in the correct timeframe.
If you have lost a loved one due to the negligence of another, you may be able to file a wrongful death claim as a survivor of the decedent. However, to completely understand your options and the process, you want to have a wrongful death attorney on your side.