Florida is located in the southeastern corner United States, between the Atlantic Ocean on one side and the Gulf of Mexico on the other. It has a long coastline that stretches for hundreds of miles.
Cities like Miami buzz with Latin-American culture, nightlife, and art. Orlando is full of theme parks, like Walt Disney World, that draw visitors from everywhere. The state capital is Tallahassee, and over 23 million people live here.
It has a long history as the 27th state, joining the Union in 1845. Right here, in the heart of all this, people can file a wrongful death lawsuit in Florida if a loved one dies because of someone else’s fault.
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What Is a Wrongful Death Claim?
A wrongful death claim is when someone dies because of another person’s carelessness or dangerous behavior. It could be in a car crash, because a doctor made a mistake, or due to a malfunctioning product. The law holds those who caused the death accountable and gives the family a chance to gain compensation for their loss.
Who Can File a Wrongful Death Lawsuit in Florida?
Not just anyone can go to court for a wrongful death claim. Florida says the personal representative of the victim’s estate must file it. This person is often named in the will, but if there’s no will, the court picks someone.
The personal representative acts for the family. That can include the spouse, kids (even adopted ones), parents, and other relatives who relied on the person for support.
Each of these survivors can be eligible for different types of compensation depending on who they are and how they were connected to the person who died.
What Damages Can Families Recover?
In Florida, damages for wrongful death usually fall into two categories:
Damages for the Family
- Loss of Support and Services: This is everything the person did for the family. Driving the kids around, fixing stuff around the house, and helping pay bills. All that counts. Families can ask for compensation to cover what they lost.
- Loss of Companionship and Protection: Spouses lose love, companionship, and protection. Kids lose guidance, affection, and the little things a parent gives every day. Courts recognize that, and they allow for it to be factored into the settlement.
- Mental Pain and Suffering: Grief isn’t just a feeling. It’s real stress, real trauma. Parents, kids, and spouses can all recover from that emotional weight. Kids can ask for compensation for losing a parent’s care.
- Medical and Funeral Expenses: Any bills that were unpaid before death, plus funeral costs, can be covered.
Lost Earnings
This is basically the money they would’ve made. Every paycheck, every raise, all the little savings that would’ve added up. If they had plans to invest or grow their money, the estate can try to recover that too. It’s what they actually would’ve earned from the injury until they passed.
Medical and Funeral Expenses Paid by the Estate
Now, if the estate had to pay for hospitals, doctors, or the funeral, that’s money the estate can get back. Well, someone shouldn’t be left with bills because of something that wasn’t their fault. So yes, those expenses can be reclaimed.
Pain and Suffering
If the person was hurt and conscious between the injury and death, the estate can recover for that suffering. This is meant to acknowledge the pain they went through.
Key Takeaways
- A wrongful death claim is filed when someone dies because of another person’s negligence.
- Personal representatives of the deceased’s estate must file the lawsuit.
- Survivor damages cover lost income, household help, companionship, and emotional suffering.
