If you are hurt in a car accident or another type of accident, you can file a lawsuit against the responsible party for your losses. But what happens if someone you loved was killed in an accident or through medical malpractice?
In this situation, you may be able to file a wrongful death claim against the at-fault party. In Florida law, a wrongful death action is brought by the executor or personal representative of the estate on behalf of the estate and surviving relatives. Our Treasure Coast wrongful death attorneys can help you understand your rights and work with you to pursue financial compensation for your losses.
At Gould Cooksey Fennell, we work with families who have suffered an unimaginable loss to help them achieve justice. Our Florida personal injury attorneys will advocate for your right to full compensation. Reach out to our law offices today to schedule a free initial consultation with a member of our legal team.
Wrongful Death Lawsuits
In Florida, a wrongful death is any death that is caused by another person’s “wrongful act, negligence, default, or breach of contract or warranty.” Another way of looking at it is that if a person could have filed a personal injury lawsuit if they had survived, then their survivors may be able to pursue a wrongful death action.
Wrongful death actions can be based on almost any death that was caused by another person’s actions – or failure to act. This may include:
- A car accident
- A motorcycle crash
- A slip and fall
- Medical malpractice
- A dog bite
- A truck crash
- A pedestrian accident
- A dangerous or defective product
For example, consider a situation where an elderly man slips and falls on a wet floor at a grocery store. He strikes his head and suffers a traumatic brain injury. Despite emergency surgery and other medical treatment, he passes away.
Had the man lived, he could have filed a premises liability (slip and fall) lawsuit against the grocery store. Because he died, it may be possible to file a wrongful death lawsuit.
Wrongful death lawsuits can be brought for negligent, intentional, or reckless conduct. The underlying incident does not have to be criminal in nature to file a wrongful death claim. In the example above, the grocery store and its employees won’t be charged with a crime, but it is still possible for his survivors to seek compensation through a wrongful death action.
It is also possible to file a wrongful death claim for criminal conduct. This civil lawsuit will be separate from any criminal matter. For example, if a person dies after being shot, their survivors could file a wrongful death claim against the shooter – separate from any criminal charges that the prosecutor may bring.
Wrongful death lawsuits can’t bring your loved one back. However, they are an important way to seek justice and to maintain financial stability after a devastating loss. Our Florida wrongful death lawyers can help you determine your rights and advocate for you throughout the legal process.
Who Can File a Florida Wrongful Death Lawsuit?
In some states, the deceased person (decedent)’s surviving family members can file a wrongful death claim. In the grocery store example above, the decedent’s wife and adult children might bring a claim. However, Florida law is a bit different.
In Florida, it is not the surviving family members who bring a wrongful death claim. Instead, the personal representative or executor of the state files a lawsuit. This lawsuit is brought on behalf of the decedent’s estate and any surviving family members. When the lawsuit is filed, all potential beneficiaries must be listed.
This type of lawsuit will seek 2 types of compensation (damages):
- Compensation to the estate, including lost wages, benefits, and earnings from the date of injury to death, the value of earnings and benefits that the decedent could have earned, and medical and funeral expenses paid by the estate.
- Compensation to surviving family members, including loss of support and services, loss of companionship and protection, mental pain and suffering, loss of parental companionship, instruction, and guidance, and any medical expenses and funeral/burial costs paid by the family.
Any damages recovered by the estate will become part of the estate. This money will then be split up among heirs pursuant to the will (or Florida law if the decedent died without a will).
While Florida law requires a wrongful death lawsuit to be filed by the personal representative of the estate, surviving family members can still recover money for their losses – just as they can in states where they can directly file a lawsuit. The process may be different, but the end result is ultimately the same. Our Treasure Coast wrongful death lawyers can help you get the compensation that you deserve for your losses.
Talk to Our Wrongful Death Law Firm Today
Losing a loved one is always difficult. It can be even more gut-wrenching when they die because of something that someone else did or failed to do. Filing a wrongful death lawsuit can help you get both financial compensation and some measure of justice.
At Gould Cooksey Fennell, we are dedicated to helping people who have been injured in all types of accidents – and families who have lost loved ones. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today by calling us at 772-231-1100 or by filling out our online contact form to talk to a Florida wrongful death attorney.
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