Understanding Florida Wrongful Death Laws

Have you lost a loved one due to someone else’s negligence in Florida? Contact Neufeld & Kleinberg, PA, today to schedule a free consultation. Our Florida wrongful death lawyers can help you get the justice and compensation you deserve for your injuries.

Have you lost a loved one due to someone else’s negligence in Florida? If so, you may be entitled to compensation through a wrongful death lawsuit. Understanding the complexities of Florida’s wrongful death laws can be overwhelming during such a difficult time. That’s why it’s crucial to have a knowledgeable and experienced attorney by your side.

Neufeld & Kleinberg, PA, is here to help you navigate the legal process and seek justice for your loss. Our experienced Florida wrongful death lawyers deeply understand Florida law and are dedicated to helping families like yours recover the compensation they deserve.

We understand that the loss of a loved one is a devastating experience. Our goal is to provide compassionate legal representation while aggressively pursuing your case. We’ll work tirelessly to gather evidence, build a strong case, and negotiate with the insurance company to secure the maximum compensation.

Don’t hesitate to contact Neufeld & Kleinberg, PA, for a free consultation. We’ll review your case, explain your legal options, and fight to get you the justice you deserve. In the meantime, review our helpful guide to learn more about wrongful death laws in Florida and how they could impact your case.

Definition of Wrongful Death

A wrongful death occurs when the negligence or wrongful act of another party causes a person’s death. A wrongful death claim is a legal action that allows surviving family members, such as a surviving spouse or children, to seek compensation for the losses they’ve suffered due to the decedent’s death.

These claims are typically brought by a personal representative of the deceased’s estate on behalf of the family members. Wrongful death cases often arise from a wide range of circumstances, including medical malpractice, car accidents, or even a fatal accident resulting from a wrongful act.

Importance of Understanding Wrongful Death Laws

Understanding wrongful death laws is crucial when filing a wrongful death lawsuit, particularly under Florida law, where the Florida Wrongful Death Act governs such claims.

Under this statute, surviving family members may seek damages for medical bills, funeral expenses, lost wages, and emotional suffering. These wrongful death lawsuits allow the family to recover damages that help alleviate the financial burden caused by the decedent’s death.

Florida Wrongful Death Act

The Florida Wrongful Death Act serves as the foundation for pursuing a wrongful death claim in the state. This law is designed to provide surviving family members with the right to seek compensation when a loved one dies due to a wrongful act, negligence, default, or breach of duty by another party.

Whether the fatal accident involves a car accident, medical malpractice, or another cause, the act allows for legal recourse through a wrongful death lawsuit. According to Florida wrongful death laws, the goal is to hold the responsible party accountable for the decedent’s death and to help the family recover from the resulting financial and emotional losses.

Under the Florida wrongful death statute, eligible survivors may file a wrongful death suit in civil court to seek damages for medical bills, funeral expenses, lost wages, and emotional suffering.

These damages are meant to compensate surviving family members for the loss of their loved one and the financial strain that may arise after the death occurs. In many cases, an experienced wrongful death attorney is essential to navigating the legal process, gathering evidence, and maximizing compensation for the family.

Key Statutes and Regulations

The Florida Wrongful Death Act outlines who can file a wrongful death claim and what damages may be sought. Key statutes include:

Florida Statute 768.19: This law addresses liability in a wrongful death case, stating that the defendant’s conduct must have caused the person’s death through a wrongful act, negligence, or breach of duty. The law also clarifies that a wrongful death action can be pursued if the deceased would have been able to file a personal injury claim had they survived.
Florida Statute 768.21: This statute covers the damages that survivors may recover, including medical and funeral expenses, lost wages, and compensation for mental pain and emotional suffering. It also details who is eligible to receive these damages based on their relationship with the decedent.

These statutes are crucial in wrongful death cases because they dictate both the process and the types of compensation available to surviving family members. An experienced attorney who is knowledgeable in Florida wrongful death laws can guide families through this complex legal framework.

Who Can File a Wrongful Death Claim?

Under Florida law, only certain family members are eligible to file a wrongful death claim. These include:

Surviving spouse: The spouse of the deceased is usually the primary individual who can file a wrongful death lawsuit.
Children: Both minor and adult children may file a claim, particularly if they were financially or emotionally dependent on the decedent.
Parents: If the decedent was a minor, the parents can file a wrongful death action. In some cases, parents of adult children may also be eligible, depending on the circumstances.
Other relatives: In some situations, other surviving family members, such as siblings or grandparents, may be able to file a death lawsuit in Florida, especially if they were wholly dependent on the deceased for financial support.

It is important to consult with an experienced wrongful death attorney to determine if you are eligible to file a death claim in Florida. The legal process can be complicated, and having proper legal representation ensures the claim is filed correctly and within the required time limits.

Role of the Personal Representative

In Florida, a personal representative plays a crucial role in filing a wrongful death claim on behalf of the deceased’s estate. The decedent’s personal representative is usually appointed by the court and acts as a legal advocate for the surviving relatives and other beneficiaries. This individual is responsible for:

Filing the wrongful death lawsuit in civil court.
Ensuring that all medical bills, funeral expenses, and other damages are accurately documented.
Collecting evidence to prove that the defendant’s tortious conduct or negligence caused the person’s death.
Distributing any wrongful death damages to the appropriate family members based on the court’s ruling or the terms of any settlement or jury award.

The personal representative must work closely with a knowledgeable attorney to navigate the legal complexities of the case and ensure that all claims are filed in a timely manner.

Because the outcome of a wrongful death case can significantly affect the financial well-being of the family, having an experienced wrongful death attorney is essential to ensuring that the deceased person’s estate receives maximum compensation for the losses sustained.

Grounds for a Wrongful Death Claim in Florida

When filing a wrongful death claim in Florida, several key elements must be established to pursue a successful case. Under the Florida Wrongful Death Act, surviving family members, through a personal representative, can seek compensation for the wrongful death of their loved one.

At Neufeld & Kleinberg, PA, we help you navigate the complexities of filing a wrongful death lawsuit, ensuring that your family gets the support you need during this challenging time.

Negligence

Negligence is one of the primary grounds for filing a wrongful death claim in Florida. If a person dies due to negligence, default, or breach of duty by another party, such as in a fatal car accident or medical malpractice case, you may have the legal right to file a wrongful death lawsuit.

Florida wrongful death laws require proving that the defendant owed the deceased a duty of care and that their failure to uphold this duty directly led to the wrongful death.

Intentional Harm

Intentional harm is another basis for filing a wrongful death suit. In cases where the responsible party’s wrongful act or intentional conduct led to the decedent’s death, surviving family members can file a wrongful death lawsuit. Examples include situations where a person’s death is caused by unlawful violence or other deliberate actions.

At Neufeld & Kleinberg, PA, we understand the emotional suffering and financial hardship associated with these cases. We work tirelessly to help you recover damages for medical bills, funeral expenses, and lost wages.

Breach of Duty

A breach of duty occurs when a party fails to meet the legal responsibilities they owe to the decedent, leading to wrongful death. For example, in medical malpractice cases, a healthcare provider’s failure to meet the required standard of care can result in a person’s death.

Florida law requires proving that this breach of duty directly caused the fatal accident. We are committed to gathering the evidence necessary to hold the responsible party accountable and seek compensation for the surviving relatives.

Proving a Wrongful Death Case

Proving a wrongful death case in Florida involves several essential elements. You must show that the defendant’s tortious conduct—whether negligence, intentional harm, or a breach of duty—caused the decedent’s death.

As experienced wrongful death attorneys, we know what it takes to build a strong case and help you and your family through the legal process.

Elements of Proof

To prove a wrongful death case in Florida, we focus on four key elements:

Duty of care: The defendant owed a duty to the deceased.
Breach of duty: The defendant violated this duty through negligence or wrongful act.
Causation: The defendant’s conduct caused the person’s death.
Damages: The surviving family members and the deceased’s estate suffered financial or personal losses.

As your dedicated Florida wrongful death attorney, we ensure these elements are clearly established to maximize compensation for medical bills, funeral expenses, and emotional suffering.

Gathering Evidence

Gathering evidence is crucial for proving negligence or intentional harm in wrongful death claims. This can include:

Medical records: To establish medical malpractice or the cause of death.
Accident reports: For fatal car accidents or other wrongful acts.
Witness statements: To provide additional perspectives on the defendant’s conduct.
Expert testimony: From medical or accident reconstruction professionals.

At Neufeld & Kleinberg, PA, we handle the entire legal process, gathering all necessary evidence to support your claim.

Expert Testimonies

In many wrongful death cases, expert testimony is vital in proving fault. Medical experts, accident reconstructionists, or other professionals may be called upon to clarify complex aspects of the case, such as medical negligence or the cause of a fatal accident.

We collaborate with top experts in Florida to strengthen your wrongful death case and secure the settlement or jury award your family deserves.

Filing a Wrongful Death Claim in Florida

If you believe another’s wrongful act or negligence caused your loved one’s death, you need the support of an experienced wrongful death attorney. At Neufeld & Kleinberg, PA, we understand the legal complexities of filing a wrongful death claim and are here to guide you through every step.

Florida wrongful death laws are complex, but we have the knowledge and experience to help your family seek the justice and compensation you are entitled to under the Florida Wrongful Death Act. We are committed to helping you gather evidence, prove the defendant’s conduct, and recover damages for your family’s loss.

Statute of Limitations on Wrongful Death Cases in Florida

Under the Florida Wrongful Death Act, the statute of limitations sets a strict deadline for filing a wrongful death claim. Florida law requires the personal representative of the decedent’s estate to file a wrongful death lawsuit within two years of the person’s death.

This means that surviving family members must act quickly to ensure they can seek compensation for the wrongful act that caused the death. Failing to file a wrongful death case within the two-year timeframe could result in losing the right to recover wrongful death damages such as medical bills, funeral expenses, and lost wages.

Contact a Florida Wrongful Death Lawyer

At Neufeld & Kleinberg, PA, we understand that losing a loved one due to a wrongful act can be overwhelming. As surviving family members, you’re faced with not only emotional suffering but also the burden of medical and funeral expenses, lost wages, and the complexity of the legal process. Under the Florida Wrongful Death Act, you have the right to file a wrongful death lawsuit to seek compensation for your loss.

Our experienced wrongful death attorneys are here to guide you every step of the way. We will work tirelessly to build a strong wrongful death case, gather evidence, and represent you in civil court. Whether the death was due to a car accident, medical malpractice, or another form of negligence, we will hold the responsible party accountable and help you recover the maximum compensation you deserve under Florida wrongful death laws.

We take the time to understand your unique situation and the impact the deceased person’s death has had on your family. At Neufeld & Kleinberg, PA, we are committed to ensuring that surviving relatives and the deceased’s estate receive the justice they deserve.

If you’re ready to discuss your Florida wrongful death claim, call (305) 931-6666 today. Let us handle the legal complexities while you focus on healing.

Note: This article is intended for informational purposes only. Our dedicated team compiles accident news reports using a variety of trusted external sources, such as local news outlets, official police reports, social media updates, and eyewitness statements regarding incidents in Florida. While we strive for accuracy, the facts in this post have not been independently verified by our writers. If you identify any inaccuracies, please contact Neufeld & Kleinfeld, PA, immediately, and we will promptly address any corrections. Posts can also be removed upon request.

Disclaimer: This post is not intended as a business solicitation. The information provided should not be interpreted as medical or legal advice. Additionally, the photo accompanying this post does not depict the accident scene described in this post.

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Understanding Florida Wrongful Death Laws

Definition of Wrongful Death