What is a Florida wrongful death lawsuit?

May 31, 2022 Personal Injury

You’ve probably heard of a wrongful death lawsuit before, but do you know what constitutes a wrongful death cause of action in Florida? Or who can file a lawsuit for wrongful death? At Martin Law Firm, P.L., our attorneys are experienced legal professionals who help the families of those who lost their lives due to the wrongful act or negligence to recover the compensation they are owed. We understand no amount of money can replace your loved one, but we believe in holding those responsible for your loved one’s death accountable for their actions. 

Wrongful Death in Florida Defined

Florida law states that wrongful death occurs when a person’s death is caused by a wrongful act, negligence, default, breach of contract, or warranty of any person. A key way to determine if the cause of action exists is to ask, if the person that died had lived, would they have had a personal injury cause of action against the party that caused their injuries? If the answer is yes, then a wrongful death lawsuit is likely the best course of action. 

Who Is Able to Sue for Wrongful Death in Florida

The personal representative (PR) of the decedent’s estate can file a wrongful death lawsuit in Florida. They are able to seek restitution for the decedent’s survivors as well as the estate itself. If the decedent left a Will which named a PR, then that is the person with the standing to sue. If the decedent did not have a valid Will at the time of their death, the court may appoint a PR.

Damages That Can Be Recovered in a Florida Wrongful Death Lawsuit

When a wrongful death lawsuit is filed, it must list the names of the decedent’s beneficiaries that seek to recover compensation and their relationship to the decedent. Each potential beneficiary may recover the value of lost support and services from the date the decedent was injured to their date of death. They may also recover from the loss of future support and services. 

The beneficiary’s relationship to the decedent determines what other types of damages they may receive. For example, minor children may receive compensation for parental instruction and guidance loss. In addition, surviving spouses may recover from the loss of companionship, loss of protection, and mental pain and suffering. 

How a Florida Wrongful Death Attorney Can Help

A Florida wrongful death attorney can be invaluable in assisting you with recovering from the loss of your loved one. They are able to review your case and help determine the best way to proceed, as well as to conduct investigations into issues that may help your claim. A knowledgeable attorney can also file all necessary paperwork, negotiate on your behalf, and represent you in court.

Consult with a Wrongful Death Lawsuit Attorney at Martin Law Firm, P.L. 

If you have lost a loved one due to the negligence or wrongful act of another, we can help you hold the responsible party accountable for their actions. You may contact us by calling 239-323-9820 or via our contact page.