Wrongful Death Lawsuit in Florida
Our job as a Florida Panhandle wrongful death firm is to win a case for a family that lost a family member due to negligence or misconduct in Florida.
In terms of wrongful death in Florida, the state laws exist as the sole resort for the families of the deceased whose death occurred in a manner that is contrary to the recommendations.
Being aware of the particular rules and procedures of the Florida Statute would help in producing proper representation in those cases of the degree of sensitivity and difficulty.
We take a forward step to explore why wrongful death lawsuit cases have been filed in Florida and how, by our cooperation, we will be able to ensure accountability and closure for our clients.
Understanding the Florida Wrongful Death Statute
The Florida Wrongful Death Statute found at Florida Statutes 768.19 implicates the suit for any wrongful death deriving from negligence, failing to meet an obligation, breach of contract or warranty.
According to this statute, the estate of the deceased person can obtain judgment against the offender and cause them to pay damages for the death and for the pain and suffering it caused on the inside or the outside.
What is a Florida Wrongful Death Claim?
A Florida wrongful death lawsuit is an offshoot of civil claim law and involves compensating an individual whose death was the result of the wrongdoing or intentional act of another person.
Unlike criminal cases, it focuses on rendering compensation to the relatives of a victim, not on breaking the law that is to be limited.
To file a wrongful death lawsuit in the state of Florida, the survivor has only two years from the date of the deceased’s death. A few recoveries that can be categorized above are medical costs, funeral expenses, loss of income, feeling of pain and suffering and emotional distress of members of the departed family.
Wondering Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, an estate representative of a deceased person residing in Florida can file a death action only with a wrongful claim.. However, the individual can also be appointed, such as a person indicated in the deceased person’s will or estate plan, or chosen by the court in case the nomination lacks the necessary specification.
Members of the family who are eligible to recover damages in a Florida wrongful death case include the spouse, children, parents, blood relatives, adoptive siblings, adopted siblings, and adult children in the absence of a spouse.
The personal representative shall list all the survivors in the same lawsuit, which must be filed within the two-year statute of limitations period after death.
What Are Common Causes of Wrongful Death in Florida?
- Sufferings from vehicle crashes
- Pedestrian and bicycle accidents
- Unsafe working conditions
- The carelessness exhibited by commercial and residential premises is a danger sign.
- Medical malpractice
- Dangerous products
- Unfortunately, developing areas, in particular, have shown cases of accidental drowning or poisoning.
- Professional negligence or malpractice
- Amusement park accidents in either Tampa or Orlando
How Much is a Wrongful Death Lawsuit in Florida Worth?
In Florida, the determination of the value of a wrongful death claim is not based on the one-case circumstances.
The main purpose of raising the case of wrongful death is commonly to obtain compensation for the different types of losses that may translate into expenses for medical care, funerals, loss of income, pain and suffering, and emotional distress of those who are left behind.
For instance, the recent verdicts in the Florida wrongful death suit highlighted the sums of $160 million, $34,697,465, $5,386,000, $923,000, $25,910,000, and $456,000.
Such statistics underscore the fact that the scope of monetary damages in these cases in Florida is highly varied, illustrating that there is no usual or fixed average amount for them.
The worth of the wrongful death lawsuit in Florida depends on factors like financial loss, family impact and negligence or wrong actions that end with the death.
What Damages May Be Claimed in a Florida Wrongful Death Lawsuit?
In a Florida wrongful death lawsuit, the following damages may be claimed:
- Medical and burial costs in the death
- The loss of income due to the death of the insured person, which they would have earned in the process.
- Agony and misery the deceased has been enduring before he passes away.
- Psychological distress affecting remaining relatives.
- The sum of support and services lost from the date of injury to the present, including future loss compensation reduced to present value.
The damages are crafted to encompass both the financial and psychological components of the harm done to the remaining family and the estate administrators of the deceased.
How is a Florida Wrongful Death Settlement Paid Out?
In Florida, proceeds should be distributed in accordance with how many survivors the decedent has left behind.
- Florida Statute 768.21 determines the distribution of damages, establishing the supporting family adults as the surviving spouse, children, parents, and dependent relatives.
- The administrator of the deceased person’s estate is responsible for filing the action and disbursing the settlement funds to the designated beneficiaries.
- However, if the beneficiaries agree on a particular allocation policy, the court usually follows that agreement. On the other hand, a court might be forced to step in, e.g., assigning a guardian for a child’s lawsuit.
- Attorneys are normally paid from the estate or the survivor’s award through the personal representative.
What Must Be Proven to Win a Wrongful Death Case in Florida?
To win a wrongful death lawsuit in Florida, the plaintiff must prove the following elements:
- The defendant’s tortious conduct: The defendant’s intentional acts (e.g., intentionality, negligence, and recklessness) lead to questions about damages under personal injury or contract law.
- The victim’s right to sue the defendant: The victim’s death implied that the victim would not be able to commence personal claims against the defendant for the damages suffered.
- Identification of the representative and family members: Now, the personal representative of the estate of the deceased and the next of kin have been selected.
- Causation and damages: Such action caused direct harm to surviving family members or the victim’s estate in terms of personal or financial costs.
How Can a Florida Wrongful Death Attorney Help?
As a Florida Panhandle injury firm, Dixon Injury Law Attorney, the importance of a Florida wrongful death attorney understanding the role of a Florida wrongful death attorney cannot be overstated.
Our lawyers are equipped with the proper knowledge of settling the wrongful death case, offering help and sympathy to the relatives of the victim.
Attorneys at Dixon Injury Law Florida’s wrongful death attorneys conduct extensive research, collect evidence and create powerful strategies to ensure that the clients obtain the most appropriate compensation for the damages they sustained.
Well-versed in negotiations and litigations, they advocate on behalf of their clients during settlement negotiations and courtroom proceedings.
Hiring a Florida wrongful death attorney provides clients with professional legal assistance throughout the process, which helps them stay focused on healing and protects their legal rights.
And if you reside in Fort Lauderdale, we have the best wrongful death lawyer you need.
