How to Claim a Wrongful Death Lawsuit in Florida

How to Claim a Wrongful Death
Lawsuit in Florida

The state of Florida recognizes that the death of a loved one causes financial and emotional suffering. Here, you can file a wrongful death case if someone else’s negligence caused the death of a loved one. 

While a successful claimant may be entitled to financial support, a wrongful death lawsuit may still be a challenging undertaking, so you should consult with an experienced attorney who specializes in this area. Read on to learn more.

Wrongful Death: The Florida Law 

Wrongful death is defined under Florida law as death caused by the negligence or wrongdoing of another party. In Florida, a wrongful death claim must be filed within two years of the decedent’s death. 

In Florida, a successful wrongful death claim may include compensation for medical and funeral costs, lost wages and benefits, and pain and suffering. Punitive damages may also be paid in extreme circumstances of negligence or malice.

Wrongful Deaths in Florida: In Numbers

Negligence in Florida is defined as the failure to exercise reasonable care, or the care that a prudent person would exercise. Negligence causes wrongful death in a variety of ways.

Automobile accidents are the cause of many unfortunate deaths in Florida. In 2017, there were 3,116 road fatalities in Florida, a 9% rise over the previous year. Distracted, aggressive, and inebriated drivers harm other motorists on Florida’s congested highways and roads. If your loved one was killed in an automobile accident, you may be able to file a wrongful death claim.

Medical negligence is responsible for many unfortunate deaths in Florida. In hospitals, clinics, nursing homes, and assisted living institutions, medical and nursing errors can occur. If a doctor or other healthcare practitioner makes an error that causes death, the decedent’s family may sue the doctor or facility for wrongful death.

Contact a personal injury lawyer to learn more about Florida’s wrongful death laws and how to maximize your compensation.

Murder and Wrongful Death

Wrongful death in Florida is defined as the death of a person as a result of negligence. Meanwhile, murder is the intentional and criminal killing of a human being. In Florida, a wrongful death claimant must demonstrate the defendant’s negligence. The claimant must show that the defendant had a duty of care to the decedent, breached that duty, and caused the decedent’s death.

In order to establish negligence, no intent to murder is required. Wrongful death cases are frequently launched when the defendant did not intend to kill but did so nevertheless.

Proving a Wrongful Death: What to Know

To establish a wrongful death case in Florida, you must establish specific facts for your case. You must state that the death was the result of another party’s negligence or intentional act, that the survivors had suffered losses, and a personal representative has been appointed to litigate the claim on their behalf.

Claimants must be identified by survivors. A surviving spouse, child, or parent in Florida may submit a wrongful death claim; they must then choose a wrongful death counsel. Survivors must also submit wrongful death lawsuits within two years of their loved one’s death. Otherwise, they will be unable to recoup damages.

The Terms of Successful Wrongful Death Lawsuits

Survivors are entitled to compensation for medical and funeral expenses, missed wages and benefits, loss of companionship, and pain and suffering if the aforementioned reasons are proven. Punitive damages may be granted in some cases to punish the perpetrator and dissuade others from engaging in similar behavior.

In most cases, the plaintiff receives both economic and non-economic damages, which will be entirely up to the jury or judge. Moreover, in lieu of a jury verdict, the plaintiff may receive a settlement cheque in which both parties agree to pay a preset sum to the plaintiff in order to dismiss the litigation.


Accidental deaths are rampant among community members who are reckless and negligent. As such, if you want to file a wrongful death claim in Florida, you should contact a trusted attorney right away.

Do you need help in filing a wrongful death lawsuit? Mendes, Reins & Wilander is an experienced law firm that specializes in personal injury, nursing home neglect, wrongful death, and medical malpractice cases, among others. Contact our team today!