Understanding Florida’s Wrongful Death Laws

There have been a lot of high profile vehicle recalls lately, including the General Motors ignition switch scandal. GM’s case involved faulty ignition switches that could shut off engines on the road and prevent airbags from properly inflating. Although GM knew about the ignition switches for at least 10 years, only in 2014 did they begin to recall nearly 30 million cars that had the faulty ignition switches.

The faulty switches were admittedly linked to 124 deaths, and there could be more that GM has not yet acknowledged. In cases like this, the term “wrongful death” gets bandied about, but what exactly does that entail?

Origins Of Wrongful Death Claims

Traditionally, deceased persons could not bring law suits in court. As a result, if someone’s wrongful actions resulted in another person’s death, he was immune from civil suits even though he could have been sued if the other person had just been injured, but did not die.

To close this loophole, states began enacting wrongful death statutes, which specifically enabled surviving family members to bring suit on behalf of the deceased.

Who Can Bring A Wrongful Death Claim In Florida?

Florida statutes allow the deceased’s spouse, children, and parents to bring a wrongful death claim on the deceased’s behalf. Additionally, any blood relatives and adoptive brothers and sisters dependent on the deceased may also bring such a suit.

For What Can You Bring A Wrongful Death Claim?

Florida’s wrongful death laws are not limited to negligence. A wrongful death claim can be brought when death is caused by someone else’s “wrongful act, negligence, default, or breach of contract or warranty.” This is much broader than a typical negligence action in personal injury cases.

When Can You Bring A Wrongful Death Claim?

Each state has something called a statute of limitations which provides time limits for when you can file a lawsuit. This is to ensure that legitimate claims are filed promptly, and that relevant evidence is preserved for trial.

Florida’s statute of limitations for wrongful death claims is two years. This means that a wrongful death claim must be filed within two years of the date of death, or the claim is forfeit forever.

What Damages May Be Recovered?

Following a successful wrongful death claim, the surviving family members that brought the suit may receive the following damages:

the value of lost support and services from the date of the deceased’s injury to his or her death, with interest,

future loss of support and services from the date of death,

loss of companionship and protection, and mental pain and suffering of the spouse,

loss of parental companionship, instruction, guidance, and mental pain and suffering of the children,

mental pain and suffering of the parents,

medical and/or funeral expenses,

If you’ve lost a loved one due to someone else’s wrongful actions, recourse is available. Nothing will ever replace those you’ve lost, but an experienced wrongful death attorney can ease the process of making sure responsible parties are held accountable.