To succeed in a wrongful death claim in Florida, you must establish four key elements: that the defendant owed a duty of care toward the deceased, that they breached that duty, that the breach directly caused the death, and that surviving family members suffered damages as a result. Proving these elements requires thorough investigation, expert testimony, medical records, and other evidence. Wrongful death cases are complex and going up against insurance companies or large corporations without experienced legal representation puts you at a significant disadvantage. Avera & Smith has the experience and resources to build the strongest possible case on your family’s behalf.

In Florida, the statute of limitations for wrongful death claims is generally two years from the date of the deceased’s death. Missing this deadline can permanently bar your family from recovering any compensation regardless of the strength of your case. There are limited exceptions that can affect this timeline, so it’s important to consult with an attorney as soon as possible after losing a loved one. The sooner you act, the more time your attorney has to gather evidence, identify liable parties, and build a strong case on your behalf.

Under Florida’s Wrongful Death Act, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate on behalf of the surviving family members. Eligible survivors who may be entitled to compensation include the deceased’s spouse, children, and parents. In some cases, other relatives who were dependent on the deceased may also be eligible. Each family’s situation is unique and the distribution of compensation among surviving family members depends on a number of factors. An experienced wrongful death attorney can help you understand who is entitled to recover and what damages may be available in your specific case.

In a Florida wrongful death lawsuit, surviving family members and the deceased person’s estate may be able to recover compensation for both financial and emotional losses. Damages can include medical expenses related to the final injury or illness, funeral and burial costs, lost income and financial support, loss of benefits and services, and loss of companionship, guidance, or protection. Certain surviving family members may also recover damages for mental pain and suffering. In some cases, the estate may seek compensation for lost earnings accumulated between the injury and death, and punitive damages may be available when especially reckless or intentional misconduct contributed to the death.

In Florida, a wrongful death claim may still be possible even if the deceased was unmarried and had no children. Under Florida law, the personal representative of the deceased person’s estate files the claim on behalf of eligible survivors and the estate itself. Depending on the circumstances, surviving parents, other blood relatives, or adoptive siblings who were financially dependent on the deceased may be entitled to recover certain damages. In some cases, the estate may also pursue compensation for medical expenses, funeral costs, lost earnings, and other financial losses. Since eligibility can vary based on family relationships and dependency, speaking with a Florida wrongful death attorney can help clarify who may have a legal right to recover.

What Is the Difference Between Wrongful Death and Murder?

Murder is a criminal charge brought by the state against someone accused of intentionally causing another person’s death. A wrongful death lawsuit is a separate civil claim brought by the surviving family members seeking financial compensation. The two are not mutually exclusive. The same death can result in both a criminal murder case and a civil wrongful death lawsuit simultaneously. A key difference is the burden of proof. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt, which is a very high standard. In a civil wrongful death case, the burden is lower. The family only needs to show that it is more likely than not that the defendant’s actions caused the death. This is why it’s possible for someone to be acquitted of criminal charges but still be found liable in a civil wrongful death case.