What Does a Wrongful Death Lawyer Do?

Florida Statutes § 768.19 states that you have the right to take legal action after the loss of your loved one if the death was caused by one of the following:

• A wrongful act
• Negligence
• Default
• Breach of contract or warranty

If your loved one had survived and been eligible to pursue compensation for their injuries, the beneficiaries can pursue compensation after their death.

You must begin legal action against the liable party or entity within a two year time period of their death, according to Florida Statutes § 95.11. Although there are exceptions to the statute of limitations, most cases are not allowed to proceed if action is not begun prior to the two-year deadline. An attorney will review the cause of death to determine if it meets the state’s requirements for the right to file a wrongful death action and will ensure that all legal deadlines are met.

It is not enough to say that your loved one suffered a wrongful death, an attorney must prove certain legal elements to recover damages:

• The at-fault party had a duty of care to cause no harm to your loved one. For instance, a driver has a duty to obey traffic laws and drive with care to avoid causing harm.
• The at-fault party breached their duty of care by acting in a way that a reasonable person would know could cause harm, such as driving through a red light.
• The breach of duty caused the accident and your loved one’s death and, had your loved one survived, they would have been able to pursue a personal injury claim.
• Your loved one’s personal representative and surviving beneficiaries have been identified, along with their relationships with the deceased.
• The death of your loved one caused the survivors or the estate to suffer financial losses.

A lawyer will investigate the fatal accident or incident for evidence supporting the claim, such as:

• Medical records revealing the physical cause of death
• Police reports
• Eyewitness statements
• CCTV and other visual data
• Material items from the scene

An attorney helps to identify all compensable losses for the potential beneficiaries and the estate. The decedent’s estate or family members may recover the following types of wrongful death damages:

• The costs of medical care for the decedent prior to their death
• Funeral costs and burial expenses
• Decedent’s loss of income, future earnings and benefits
• Loss of companionship
• Loss of guidance, services, and support
• The pain and suffering caused by the loved one’s death

A family’s compensable losses are unique to them and influenced by the life and death of their loved one. If all adult beneficiaries agree, the wrongful death settlement or judgment funds are distributed evenly among the survivors. If there is no agreement, the court may intervene and decide who receives what. A wrongful death attorney helps you understand the disbursement of assets after the case is concluded.

In Florida, the personal representative named in your loved one’s Will may bring a wrongful death lawsuit on behalf of the survivors and estate. If there is no will, the court will name the personal representative.

Typically, the estate and the following survivors can receive financial compensation after the sudden loss of a loved one:

• Spouse
• Parents of a minor child
• Children
• Blood relatives and adoptive siblings who were partly or wholly dependent on your loved one for support and services
• Any child born out of wedlock by a mother
• Any child born out of wedlock of a father who has acknowledged a responsibility to support the child

A lawyer represents the personal representative in negotiations for a settlement from an insurance company or when seeking a verdict or judgment from the courts.

Florida’s Wrongful Death Act provides answers to many questions survivors may have, but like any area of law, it can be complex. Without personal experience in litigating wrongful death cases, it can be challenging to understand your rights.

If your loved one’s death has been deemed wrongful and you are a recognized survivor, you have the right to receive your fair share of compensation for the losses you sustain. The parents of a deceased adult child who had no spouse or children at the time of death may be eligible for compensation if the adult child provided any financial assistance to the parents.

A wrongful death attorney will speak with the personal representative and explain how the estate and each surviving beneficiary may be compensated when the case is won and funds are released.

Your loved one’s death may have come about under different circumstances, but the common types of accidents that result in an accidental death include:

• Boating, air, and motor vehicle accidents
• Defective parts
• Defective products
• Medical malpractice
• Criminal acts
• Slip, trip, and fall accidents
• Nursing home abuse
• Animal attacks
• Fatal birth injuries
• Work accidents
• Bicycle, pedestrian and motorcycle accidents