Florida Personal Injury Attorney Discusses Wrongful Death Claims

As a Florida wrongful death attorney, I am given the unique responsibility of seeking justice on behalf of families that have lost a loved one due to a tragic event.  The magnitude of a wrongful death claim is never taken granted, and we strive to understand the significant emotional toll such cases have on all involved. 

In Florida, a wrongful death claim refers to a civil lawsuit for money damages resulting from the death of an individual.  Because it is a civil case, there is no criminal responsibility assigned to the at-fault party.  Instead, we assign blame in the form of negligence, and seek to recover money on behalf of those that have been harmed emotionally and financially.   Wrongful death lawsuits are availalbe for grieving families to seek justice and financial support. 

We understand that sometimes families may feel uncomfortable or perhaps even guilty about the thought of seeking money for their loss.  It is important to speak with a Florida wrongful death attorney so that you can learn about your rights and options and make informed decisions.  A Florida wrongful death claim can help a family obtain some financial security for their future after the loss of a loved one. 

Examples of Florida Wrongful Death Cases

In Florida, wrongful death cases can arise from virtually any situation in which someone else's negligence causes a death.  Some of the most common types of wrongful death cases in Florida are:

• car accidents
• motorcycle accidents
• truck accidents
• slip and fall accidents
• defective products
• medical malpractice 
• nursing home negligence

Who Can Make a Wrongful Death Claim in Florida

​The Florida Wrongful Death Act, identifies the specific survivors or family members that are permitted to advance a claim for wrongful death.   In Florida, the following family members can advance claims for wrongful death damages:

• Spouse 
• Children
• Parents

There are circumstances where others may be able to claim, so it is important to speak with a Florida wrongful death attorney.  

How Much Money Can You Recover in a Florida Wrongful Death Case

Family members can recover for the loss of their loved one, including compensation for expenses they have paid such as funeral and burial expenses and medical bills.  In addition, family members can claim for loss of support and services.   
​
The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering. 

The minor children of the decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. 

Each parent of a deceased minor child may also recover for mental pain and suffering. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

In addition to family members, the Estate of the deceased may also recover for loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.

The damages or compensation that can be recovered in a Florida wrongful death case are complex.  Speak to an experienced Florida wrongful death attorney to learn more about your rights.

Time is Not on Your Side in a Florida Wrongful Death Case

Florida wrongful death cases have a shorter time period than other negligence claims.  In wrongful death suits, there are only 2 years within which to commence a lawsuit. It is best not to delay and get advice early.  Although you and your family need time to grieve the loss of a loved one, do not delay in speaking to a Florida wrongful death attorney. There are important steps to take early in the process to ensure that the rights of you and your family are protected. 

Andrew Iacobelli is an experienced Florida personal injury attorney who established Iacobelli Law Firm with offices in South Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. 

---