Wrongful Death Lawsuits in Florida

If your loved one died in an accident or due to an intentional act, you may be able to file a claim against the person responsible. The process typically starts with a free initial consultation with a Florida wrongful death lawyer. 

During this meeting, you will have the opportunity to explain what happened. Your attorney will then offer you legal advice about your rights and options. If you decide to move forward with the case, you will then sign a fee agreement. Typically, personal injury law firms handle wrongful death and related cases on a contingency fee basis, which means that you will only pay a fee if they recover money for you. 

Your lawyer will then get to work on your case. This will begin with an investigation into the facts of the case and the losses that your family has suffered. Your attorney may interview witnesses, request medical records, analyze accident reports, and review photos and videos of the accident scene. They will also consult with expert witnesses who can provide insight into how the accident occurred and the scope of damages (losses).

At the same time, your attorney will research Florida law to build the strongest possible case for compensation. They will then send a letter to the at-fault party’s insurance company. Known as a demand letter, this correspondence explains the facts of the case, the legal reasons why their insured is responsible, and then finishes with a demand for compensation.

Most personal injury cases are resolved outside of the courtroom. However, it may still be necessary to file a lawsuit to protect your rights. For most wrongful death cases, there is a 2-year statute of limitations. This means that you have 2 years from the date of the death to file a claim or your right to sue will be lost.

Filing a lawsuit does not mean that your case will go to trial. Instead, it is an opportunity to continue negotiations. Our skilled Vero Beach wrongful death lawyers are adept at negotiating high-value settlements for our clients. We also have the experience and litigation chops to take your case to trial – and win – when the insurance company refuses to offer a fair settlement.

Wrongful death cases are a bit different from the typical personal injury lawsuit because the claim will be filed with the victim’s estate as the plaintiff. Damages – or compensation – in this type of case fall into 2 categories:

1. Damages awarded to the victim’s estate; and
2. Damages awarded to the victim’s family.

The estate may be able to recover a few different kinds of compensation. This includes both medical and funeral or burial expenses that were paid by the estate. The estate can also recover lost wages, benefits, and other earnings from the date of injury to the date of the decedent’s death, plus the value of earnings and benefits that the deceased could have reasonably been expected to make if they had lived. 

In addition, surviving family members may recover money for their losses. This may include:

• Loss of the victim’s companionship and protection;
• Loss of support and services that the victim provided to family members;
• Mental pain and suffering;
• Medical and funeral expenses paid by family members; and
• Loss of parental companionship, instruction, and guidance.

Some of these damages are only available to certain family members. For example, a surviving spouse and children under the age of 25 can recover pain and suffering damages. A child over the age of 25 may be able to recover pain and suffering if there is no surviving spouse. 

Similarly, a surviving spouse and minor children can recover for loss of companionship and protection. An adult child may also recover these damages if there is no surviving spouse.

If a wrongful death case is settled or a jury awards compensation after a trial, then any compensation will be distributed equally among all beneficiaries. If the adult beneficiaries come to an agreement about how the money should be split, then a court will usually approve that agreement.  

There are some rules for the distribution of the proceeds of a wrongful death lawsuit. This includes:

• Any liens against the estate (such as for unpaid taxes) must be paid from the portion of the compensation awarded to the estate;
• A guardian must be appointed to oversee the disbursement of funds for a minor child until they reach adulthood;
• A guardian must also be appointed for the disbursement of funds for a dependent adult (i.e., a person with a mental or physical disability who was fully dependent on the deceased for financial support); 
• If the personal representative of the estate is a spouse, then an administrator may be appointed to ensure fair distribution of the funds; and
• Attorney’s fees are usually paid from both the survivors’ and estate’s awards.

Your attorney can help you understand how any funds recovered through a wrongful death lawsuit will be distributed. They can also work with the court to ensure that the distribution is both fair and in accordance with Florida law.

Studies show that people who are represented by legal counsel recover substantially higher compensation compared to people who represent themselves in personal injury claims. The reason why is simple: insurance companies are more likely to offer fair compensation when they know that you are ready, willing, and able to take them to court to get justice for your loved one. Our law firm will fight for your right to maximum compensation – and stand by your side throughout the process.

If your loved one died as a result of an accident, you might not know what your legal rights are – or where to even start. Our law firm is here to help. We advocate for individuals and families whose lives have been affected by all types of accidents, working hard to get them the compensation that they deserve for their injuries.

At Gould Cooksey Fennell, we treat each of our clients with compassion and respect while providing the highest quality legal representation. Our goal is to help our clients get the financial compensation that they are entitled to under Florida law. To learn more or to schedule a free initial consultation with a Florida wrongful death lawyer, give us a call at 772-231-1100 or fill out our online contact form.