Who Can Sue for Wrongful Death?

Only certain parties can recover in a suit for wrongful death in Florida. The personal representative of the deceased individual’s estate files suit on behalf of all the beneficiaries and the decedent’s survivors, who are often the same people. Generally, however, survivors will be entitled to more damages than those who are only beneficiaries of the estate that don’t also qualify as defined survivors.

Under Florida’s wrongful death statute, it defines survivors as

• Decedent’s spouse
• Decedent’s children; those under 25 usually recover more damages.
• Decedent’s parents
• Decedent’s blood relatives who were at least partially dependent on the decedent for support, this group can include adoptive brothers and sisters, so long as they were at least partially dependent on the deceased individual for support.

For those who relied on the decedent for support, that support can have been financial, emotional, instructional, or some other form of support. The statute outlines the actual damages recoverable by any of those listed above and the personal representative on behalf of the estate. The statute is pretty challenging to understand.

Wrongful Death Under Florida Law

In Florida, a wrongful death that might lead to compensation for survivors happens when an individual dies due to another entity or individual’s negligence, intentional wrongful act, or violation of a contract or warranty.

To claim wrongful death, the personal representative must prove that a:

• Loss of a person’s life
• That the loss of that life was the consequence of another’s actions
• That the action that caused the death was negligent or intentional
• That the death harmed the survivors and beneficiaries
• That the survivors and beneficiaries have suffered monetary damages because of the death

The complaint must identify all potential beneficiaries, including the estate, and the relationship of each to the decedent. Beyond this, the burden of proof becomes proving the elements of negligent or intentional misconduct. In other words, you must show duty, breach, causation, and damages for negligence and intent, injury, and damages for intentional misconduct.

How Soon Must I File

Generally, to recover losses due to wrongful death, the personal representative has to file a lawsuit within two years of the date of death for the decedent. There are, however, some complications.

If you base your wrongful death case on alleged medical malpractice, the personal representative has to comply with the medical malpractice statutes of limitations that will apply to the case.

You must file within two years of the time you discover or should have discovered the malpractice with appropriate due diligence. Under no circumstances can the personal representative file suit more than four years after the injury or occurrence that led to the claim. In other words, for a med-mal case, you may end up with a longer statute of limitations.

The personal representative must file a wrongful death case against a state or governmental entity within four years after the claim accrues. The complex issues in these cases require immediate legal action, so don’t delay calling us.

Finally, if a defendant in a wrongful death case dies, the personal representative must file a motion to amend the claim within 90 days of the death. Failure to do this on time may well end the case forever.

As is evident, the complex nature of the statute of limitations in wrongful death cases is another reason why working with experienced wrongful death counsel like those at Boohoff Law can significantly help you recover on your North Port wrongful death.

Potential Damages in Wrongful Death

Wrongful death cases are unique. Calculating the damages owed to the survivors and the estate can be complicated and is usually better handled by a knowledgeable wrongful death attorney like those at Boohoff Law.

Some of the elements that the lawyers will consider are:

• The value of the decedent’s future income
• The value of the decedent’s future employment benefits like bonuses and retirement accounts, and even the value of employer-provided insurance benefits
• Value of the decedent’s contribution of services to the family life

Added up, these figures give the attorney and the personal representative a starting point for seeking damages.

After calculating the economic damages above, your attorneys will begin to look at non-economic damages such as pain and suffering. The rules for non-economic damages in wrongful death in Florida are complicated by the nature of the underlying conduct that caused the death and the condition of the beneficiaries.

For these reasons, this calculation must be careful and accurate. Generally, a lawyer knowledgeable in wrongful death cases can make a straightforward and cautious calculation of these damages for you or your personal representative.