It is never easy to deal with the death of a loved one, and the pain may be exacerbated knowing that the death was caused by careless or negligent actions of another party. If this is the case for you, you may be considering filing a wrongful death claim.

If you are thinking about filing a lawsuit, you may have questions. This guide will help you approach the idea of a lawsuit armed with knowledge.

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What Is a Wrongful Death?

A wrongful death claim is the claim that an individual caused a death by acting carelessly or negligently. These cases can also involve breach of a contract or warranty.
Successful wrongful death cases have involved mislabeled products, medical malpractice, workplace accidents, and even criminal actions. Car accidents and lack of care, such as in a daycare-related accident, may also qualify.
Some cases apply to accidents in which the responsible party was not present. For instance, a driver obeying traffic laws who hits a large animal in the roadway and passes away may have a family member pursue a wrongful death suit.

Who Is Allowed to File a Wrongful Death Suit in Florida?

Florida allows a personal representative of the deceased individual to file a wrongful death suit on his or her behalf. This is typically a representative listed in the will or estate.

If a personal representative is not legally listed in a will or estate, the court may appoint somebody to act on the decedent's behalf. Florida's wrongful death claims are often spearheaded by the decedent's spouse, child, parent or other biological relative. Florida has strict rules regarding who can receive what types of damages in these lawsuits.

What Can You Recover in a Wrongful Death Lawsuit?

There are several types of damages that individuals may recover from wrongful death lawsuits in Florida, and this is generally based on biological relationship.

Survivors may recover the cost of lost support in the past and potential future loss of support. This may take into account life expectancy and length of minority in cases involving children. Biological children who are 25 or older may not be able to receive funds for support based on the case's specific circumstances.
Pain and suffering may be awarded to surviving spouses, parents and minor children for lack of companionship and protection. This will be based on the relationship with and age of the individuals in question. In most cases, parents do not receive this type of award unless the decedent was a minor. Likewise, children typically do not collect this award unless they are minors.

If a survivor paid for medical and funeral costs associated with the death, he or she may be able to recover these funds in addition to compensation.

Is There a Statute of Limitations on Wrongful Death Lawsuit?
The statute of limitations varies from state to state, but is usually somewhere between one year and five. In Florida, the statute of limitations is two years in most cases. There are some exceptions based on special circumstances.

What Happens in a Successful Wrongful Death Suit?
Lawyers who successfully bring wrongful death cases are successful in arguing that the defendant acted in a way that breached duties and responsibilities. The lawyers must also demonstrate that the death of the individual in question was caused by this action or inaction. Finally, the lawyer must demonstrate that the individual or estate suing the party is entitled to damages.

The Law Offices of David A. Helfand P.A. is here to help you during this difficult time. If you still have questions about a wrongful death lawsuit, we may be able to provide answers.