How to Prove a Wrongful Death Claim in Florida
Brian O Sutter
Wrongful Death
The death of a loved one can be a traumatic and overwhelming experience. If your loved one passes due to an illness or natural causes, you can grieve and find a way to continue with your life. However, if your loved one passes because of the negligence of another, then you may be entitled to compensation after filing a wrongful death claim in Florida.
What Is Wrongful Death?
In Florida, wrongful death is described as negligence in Chapter 768 of the Florida statutes. Under the Florida Wrongful Death Act, you can sue for the wrongful death if it was caused by a wrongful act, negligence, default, or a breach of contract of another person.
Receiving Wrongful Death Damages
A wrongful death suit in Florida must be filed within two years of the date of death. The law also states that survivors are the only ones who can receive compensation for a wrongful death claim. Each survivor may be able to recover the lost support from the date of death, with interest, as well as future loss of support.
A survivor in Florida is defined as the decedent's spouse, child, parent, a blood relative, or adoptive brother or sister. It can also include anyone who was wholly dependent on the decedent for their support and services.
Other Damages
• Survivors can claim compensation for other damages, including:
• The loss of companionship
• Mental pain and suffering
• Loss of parental companionship, instruction, and guidance
• Medical or funeral expenses
• Lost wages, benefits, and other earnings
• The value of earnings and benefits the deceased could have reasonably expected
Proving Wrongful Death in Florida
Here are just a few things a plaintiff will have to prove when filing a wrongful death claim in Florida.
• Duty of Care: The plaintiff will have to prove that the defendant had a duty of care to the decedent.
• Breach of Duty of Care: The plaintiff must prove that the duty of care existed. They then have to prove that the duty of care had been breached.
• Causation: The plaintiff must also prove that the breach of duty of care was what directly caused the wrongful death.
Seeking Legal Counsel for Wrongful Death Claims
If you are the loved one of someone who passed due to the negligence of another, then you want to consult with an experienced wrongful death attorney who can navigate the process and help you win the compensation you rightfully deserve.
We understand that losing a loved one can be difficult, physically and emotionally. However, filing a wrongful death claim is just one way you can recover from the financial implications.
Wrongful death cases can prove extremely complicated, and the laws surrounding these cases can change at any time. For this reason, consult with your personal injury attorney before filing, so they explain the current laws to you and share with you how they might apply to your specific situation.