Every year, across Florida, more than 13,000 people die in accidents: many of them auto accidents, slip and falls, construction accidents, and other accidents due to another party’s negligence. When you lose a loved one due to someone else’s error or inattention, you deserve compensation for your loss—and having an experienced Florida wrongful death attorney on your side can help make that possible.
Losing a loved one leaves a vacancy in your life that nothing will fill. During this difficult time, you may find yourself with gaping holes in your finances as you struggle to replace your loved one’s income and the services they performed for your family. While filing a Florida wrongful death claim cannot fill the gaps in your life, it can provide you with financial assistance after your loved one’s death.
Did you lose a loved one due to another party’s negligence in Florida? The Florida Wrongful Death Attorneys at Dolman Law Group Accident Injury Lawyers, PA want to listen to you and help. Call us today at 833-552-7274.
Table of Contents
- Our Florida Wrongful Death Attorneys
- Florida Wrongful Death Cases and Our Track Record of Success
- Filing Your Wrongful Death Claim in Florida
- Most Common Types of Florida Wrongful Death Claims
- Seeking Compensation in a Florida Wrongful Death Claim
- Florida's Wrongful Death Statute of Limitations
- Florida Wrongful Death FAQ
- The Florida Wrongful Death Attorneys You Need
Our Florida Wrongful Death Attorneys
At Dolman Law Group Accident Injury Lawyers, PA, we know that this is an extraordinarily painful time for you and your family. The last thing on your mind may be seeking legal action against the party that caused your loved one’s death. While no amount of compensation could ever replace your loss, you should not have to endure unnecessary financial burdens because of another person’s negligence or recklessness. If your loved one was a primary provider, you will need money to help you and your family move into the future.
Our caring and compassionate Florida wrongful death lawyers can meet with you personally to discuss your case. We offer free consultations to make that easier for you. With offices located across the state of Florida, we are easily accessible for most Floridians. We can also meet with you virtually during this time. During our first consultation, we will listen to your story and examine your case. Our lawyers will answer your questions and help you explore all your legal options during this time. Our main goal is to help you through this ordeal and offer you the support and guidance you need to put your life back together again.
Florida Wrongful Death Cases and Our Track Record of Success
At Dolman Law Group Accident Injury Lawyers, PA, we work hard to provide compassionate legal support and guidance at every turn. Our success handling Florida wrongful death claims is one reason why we are nationally recognized trial attorneys. In one notable case, for example, Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers acquired a $1 million settlement for the family of a father lost in a ridesharing accident. While past results cannot guarantee the results you will receive in your claim, our attorneys can bring these advantages to your wrongful death claim:
- A clear, unbiased assessment of the funds you deserve for your loss. Often, after losing a loved one, you may have no idea how much you deserve in compensation. Dolman Law Group Accident Injury Lawyers, PA Accident Injury Lawyers can help you take a hard look at the funds you really deserve for your loss. This includes an assessment of any settlement offer made by the insurance company, which, in many cases, may not represent the full damages you deserve for your loss.
- Someone to keep your best interests in mind throughout the claims process. When you lose a loved one, you may feel as though no one remains on your side. The party that caused your loss wants to shift liability wherever possible. The insurance company does not want to accept any more financial liability than absolutely necessary. When you have an attorney on your side, on the other hand, you will have someone who keeps your best interests in mind.
- Support and assistance that will help maximize the funds you receive for your claim. When you file a wrongful death claim, many things can reduce the compensation you receive. When you work with an experienced wrongful death attorney, on the other hand, you will receive comprehensive advice that can help you maximize the compensation you receive.
We want to meet with you and listen to your story. We know the concerns and issues you face after the loss of a loved one. It is our mission to support you and your family through this time with compassion. We want to take the burden off of you and your family, so you can focus on what truly matters. That is why we handle the insurance companies, negotiations, and all legal proceedings for you. We will meet with you to discuss your case and offer you honest feedback so you can choose the legal path that is best for you.
To schedule a free consultation or case evaluation with a Florida wrongful death attorney, please call us today at (866) 790-6557 or contact us online.
Filing Your Wrongful Death Claim in Florida
Dealing with a wrongful death claim can quickly leave you frustrated. During your time of grief, legal negotiations and claims are the last things you want to deal. Working with a Florida wrongful death attorney can help provide answers to many of your questions after you lose a loved one in an accident. Your attorney will also take the legal burdens off of you during this time, so you can focus on what truly matters most – your family.
If you decided to file a wrongful death lawsuit on behalf of the deceased’s estate, a Florida wrongful death attorney can assist with proving all four legal elements of the claim, including:
- Duty of care – The first step to proving negligence in a Florida wrongful death action is to show that the at-fault party or parties owed the deceased a duty of care under the law. For example, in a motor vehicle accident, a defendant driver owes a plaintiff motorcyclist (not to mention all other drivers who operate their vehicles on the roadways) an affirmative duty to drive in a reasonably careful and prudent manner. This means that the driver has a duty to operate a vehicle in the same way as a “reasonable” driver acting under the same or similar circumstances.
- Breach of the applicable duty of care – To prove negligence, the plaintiff must show that the defendant(s) violated the standard of care that was owed to the deceased under the circumstances. For example, in the case of a motor vehicle accident, if a driver ran a red light or stop sign and collided with a motorcyclist in the middle of a traffic intersection, thereby bringing about the deceased’s death, that act would likely constitute negligence on the part of the defendant driver.
- Cause – For the deceased’s estate to recover in a Florida wrongful death action, the estate must prove that the negligent acts of the defendant(s) caused the deceased’s death. In other words, the estate must show that the deceased’s death was foreseeable—and that it would not have occurred but for the defendant’s negligence.
- Damages – Damages in Florida wrongful death cases may be proven by a combination of lay and expert witness testimony. Available damages in Florida wrongful death cases consist of both economic and non-economic damages. In addition, family members can claim damages for the value of support and services provided by the deceased, emotional and mental pain and suffering, and more. A Florida wrongful death attorney may help you prove the nature and extent of the estate’s damages.
Who Can File a Florida Wrongful Death Claim?
If every beneficiary were authorized to bring a wrongful death claim, it would result in numerous and duplicative filings, all against the same defendant. Florida law requires that the victim’s personal representative bring a wrongful death action for the benefit of the spouse, children, and/or parents.
To file a wrongful death claim in the state of Florida, you must have a close relationship to the deceased, usually one in which you relied on the deceased for support. The spouse of the deceased has the first right to file a wrongful death claim. After that, the children of the deceased have the next right to file a wrongful death claim. If no spouse or children exist, the deceased’s parents can file a wrongful death claim.
In some cases, others may have the right to file a wrongful death claim: for example, people who relied financially on the deceased, including elderly relatives. If no relatives can file a wrongful death claim on behalf of the deceased, the deceased’s estate can file for financial damages to make it possible to pay for the deceased’s medical bills and other final expenses.
To have grounds for a wrongful death claim, you must also have an immediate family member who died due to the negligence of another party: someone who bore a duty of care to your loved one at the time of the accident, but who neglected to take necessary steps to keep your loved one safe.
Steps to Filing a Florida Wrongful Death Claim
Before filing a wrongful death claim under Florida law, several steps must occur.
- An estate must be opened on behalf of the deceased
- A personal representative must then be appointed to administer the estate
- A claim or lawsuit must then be filed on behalf of the estate—usually against the at-fault person or entity who brought about the deceased’s untimely death
The personal representative is determined by the victim’s will or estate planning documents. This individual must pursue damages on behalf of the victim by filing a claim against the negligent party that caused the death. Any wrongful death complaint must identify all potential beneficiaries and their relationships to the victim.
The personal representative is also responsible for distributing damages between the estate and survivors after the conclusion of the action to all interested parties, including potential creditors and any surviving spouse, children, and other family members. The personal representative must determine a fair and reasonable method for apportioning the recovery between all of the relevant parties.
Court approval is only required if: (1) a survivor objects to the distribution; (2) the settlement affects a minor; or (3) the settlement affects a survivor deemed incompetent. The personal representative may seek the court’s approval, even when not required, to ensure that the distribution is not challenged in the future.
How Long Will it Take My Florida Wrongful Death Claim?
The time that it will take to resolve your case depends. If your case is simple and straight-forward, you may receive a settlement within a matter of months. However, many cases are far from straightforward and can take far longer.
Some circumstances that can slow down a resolution in this type of case include:
- Appointing a personal representative.
- Gathering information about the deceased’s survivors.
- Waiting for autopsy results.
- Filing a claim for monetary damages or negotiating a settlement.
- Filing a claim in court.
- Discovery, which takes place in the early period of a court case, and includes obtaining statements and documents from the opposition, sharing any relevant documents you have, and conducting witness depositions.
- A mediation conference, which provides a formal setting in which to negotiate a resolution.
- Waiting for a court date based on the court’s calendar of cases.
- Appealing a decision in a case if either party disagrees with the judgment of the court.
Our Florida wrongful death attorneys can meet with you to learn more about your case and your situation. We can then give you a better estimate of how long your case might take.
Most Common Types of Florida Wrongful Death Claims
A death qualifies as a wrongful death in Florida when the individual’s death is caused by a wrongful act, negligence, default, or breach of contract or warranty that would have otherwise entitled the victim to recover damages had he or she not died.
Wrongful deaths are common in the following scenarios:
- Premises liability accidents. second-leading cause of death for individuals over the age of 65.
- Auto accidents. 3,000 fatalities took place from vehicle crashes in just one year. Drivers are guilty of negligence whenever they violate traffic laws or regulations, such as speeding or failing to obey traffic signals. Due to the many high-speed roadways and highways in Florida, motor vehicle accidents are unfortunately all too common. A motor vehicle accident may serve as the basis for a wrongful death claim when one driver is killed as a direct result of the other driver’s negligence. Most of these cases involve drunk driving, speeding, distracted driving, or reckless driving.
- Pedestrian accidents. 6,000 pedestrians died in accidents in 2018. Pedestrian accidents often occur due to the negligence of motor vehicle drivers.
- Workplace accidents: Bureau of Labor Statistics, there were more than 300 work-related fatalities in Florida in just one recent year. The two most common causes were transportation incidents and slip and fall incidents. Other causes included exposure to harmful substances or environments and contact with objects and equipment.
- Medical malpractice. third leading cause of death in the United States with more than 250,000 Americans dying each year from medical errors.
- Product liability accidents. Consumer Product Safety Commission catalogs recalled products and associated risks.
Other common Florida wrongful death claims include:
To file your wrongful death claim in Florida, you will need to identify the party or parties that caused your family member’s death. In many cases, wrongful death claims can involve more than one party. This is especially true in auto accidents and medical malpractice accidents. By working with a Florida wrongful death attorney, you can identify all parties responsible for your loved one’s death and ensure that you receive the full compensation you deserve.
Seeking Compensation in a Florida Wrongful Death Claim
The compensation you will receive for the wrongful death of a loved one may vary. If you lost a loved one in an auto accident, for example, personal injury protection insurance may pay out just $5,000 for the loss of a loved one. Compensation from the responsible party’s insurance company may vary based on the limits of the policy. Other parties, including businesses and truckers, may carry higher-coverage insurance policies. When you file your wrongful death claim, consult with an attorney to determine everything you should include in your claim. Contact our Florida personal injury lawyers today for your free consultation.
Common inclusions cover:
The loss of your loved one’s income. Losing the primary breadwinner in your home not only causes devastating emotional loss, it can also leave you scrambling to figure out how to handle your bills. Even if your spouse or parent did not provide the primary source of income for your family, that income could still provide a valuable source of funds for the family, without which you may find it difficult to pay your bills or cover other regular expenses. In the case of a parent who lost an adult child, the deceased may have provided significant financial support that made it possible for the parent to pay medical bills or take care of housing expenses. The loss of that income can cause financial hardship for the entire family.
Claiming your loved one’s lost income as part of your wrongful death claim may not always provide you with the funds you need to live out the rest of your life without that financial support. It can, however, provide a surviving spouse with desperately-needed time, which can make it possible for that spouse to return to school or find a new job while still covering the family’s bills and expenses.
The loss of services performed by your loved one. Even family members who did not contribute financially to the household may have offered significant contributions to the family’s budget. In fact, in many cases, the services performed by a family member can add up to significantly more than his financial income.
Talk with our attorneys to ensure that you consider all the services that your loved one performed for the family, including:
- Childcare. Caring for preschool-aged children full time in the home can save the family thousands of dollars each year in childcare expenses. Even older children who attend school may require after-school care when the primary caregiver works long hours and no alternative childcare arrangement exists.
- Care for aging family members. Many senior family members rely on assistance from loved ones to remain in their homes as long as possible. Sometimes, this comes in the form of relatively minor care: coming by to check on a senior loved one, help with some heavy cleaning tasks and yard maintenance, or deliver a meal a couple of times a week. In other cases, the deceased may have provided the primary support and care that made it possible for a senior loved one to remain at home, rather than requiring care in an assisted living facility or nursing home.
- Taking care of yard maintenance. Simply mowing a yard can cost an average of $61 each time someone comes out to take care of the mowing. A larger yard can cost even more. More significant maintenance, from keeping up with the flower beds to maintaining trees and shrubs, can cost even more when you have to hire someone else to come in and take care of it.
- Home care and maintenance tasks. Taking care of minor repairs around the house costs significantly less when you have a family member who can come in and take care of those tasks for you. When you lose the person responsible for taking care of those tasks, however, you may have to hire someone to take care of it, instead. Those costs can mount quickly, especially in older homes.
- House cleaning services. You may not realize how much effort goes into keeping the home clean and tidy until you lose the person with primary responsibility for taking care of those tasks. Bringing in a house cleaner can help alleviate some of the stress associated with that responsibility, but it can also add up fast in terms of financial cost.
- Cooking for the family. Taking care of the shopping, preparing meals, and cleaning up afterward: All of those tasks take up a significant portion of the day for many families. When you lose the person responsible for taking care of the bulk of those tasks, you may struggle to keep your family fed. Restaurant meals can make up for it temporarily, but that also adds another cost to your already-stretched budget.
The loss of your loved one’s companionship, support, and advice. When you lose a loved one, the loss of their presence often permeates every area of your life. Losing a parent can leave a child unable to seek out advice and support from someone who should have remained a constant source of support throughout his life. Losing a spouse can leave the surviving spouse struggling to live life alone when previously, all hopes and dreams included the deceased. When a parent loses a child, the parent also loses all the hopes and dreams associated with that child as well as a source of support as they age. While a wrongful death claim cannot replace the space occupied by your loved one in your life, including the loss of that companionship can provide you with vitally needed funds that can help you move forward with your life.
Your loved one’s expenses before death. Your loved one need not have died immediately in an accident for you to have grounds for a wrongful death claim following his loss. In some cases, your loved one may linger for some time before death. During that period, your loved one may acquire substantial medical bills.
A long hospitalization or a stay in a rehabilitation facility, for example, can add up fast: the daily cost of a hospital stay can total nearly $4,000, an amount that only increases if your loved one required multiple surgeries or procedures to recover from the injuries.
Your loved one’s pain and suffering before death. If your loved one lingered for a long time before death, he may have experienced substantial pain and suffering: both physical pain associated with the injuries that ultimately caused his death and emotional anguish at his limitations, his inability to support his family, or the knowledge of his pending death. As part of your wrongful death claim, you can claim compensation for the pain and suffering of your loved one before his death.
Florida’s Wrongful Death Statute of Limitations
A statute of limitations ensures that claims and lawsuits are filed in a timely manner. If cases languish for too long, evidence becomes stale and potential trial witnesses may become unavailable for various reasons. Imposing time deadlines for filing suit allows trial evidence to remain fresh—and for the timely resolution of cases.
Under Florida law, the statute of limitations in a wrongful death case is ordinarily two years from the date of the deceased’s death. In most cases, absent some limited circumstances, this is a hard-and-fast deadline. In other words, if a wrongful death claim or a lawsuit is not filed within the applicable time period, the estate may be forever barred from filing a claim or lawsuit—or from seeking monetary recovery—at any point in the future.
For most Florida wrongful death claims, the statute of limitations is two years, meaning that any action must occur within two years of the victim’s death.
There are a few exceptions to the two-year statute of limitations:
- Medical malpractice: While the statute of limitations is still two years for medical malpractice claims, the clock does not start running until the interested parties discover that a medical error was the cause of death.
- Murder: When an individual is murdered, there is often a criminal case and a civil case. The criminal investigation may take significant time but is necessary to uncover the responsible individual. Because a civil case cannot begin until the responsible individual is as a defendant, the statute of limitations will not begin to run until the responsible individual is identified or apprehended.
- Government entity: The statute of limitations for any wrongful death action brought against a government entity is four years. Pursuing recovery from a government entity requires navigating complicated bureaucratic processes and red tape.
Since time may be of the essence in a wrongful death case, the personal representative of the deceased’s estate should not delay in taking legal action. The knowledgeable Florida wrongful death attorneys at Dolman Law Group Accident Injury Lawyers, PA can can help you determine the relevant statute of limitations based on the unique facts of your situation. We will file any wrongful death claims or lawsuits in a timely manner.
Florida Wrongful Death FAQ
Dealing with the loss of a family member or loved one is devastating. It brings with it emotional and financial burdens that you may not have expected and for which you likely did not plan. While any loss is horrible, processing such a loss may prove even more difficult when the death occurred suddenly and due to someone else’s negligence.
If you have lost a loved one because of another party’s negligent or intentional act, it will fall to you to handle any legal action against the other party. Read on for answers to commonly asked questions that arise when faced with pursuing a wrongful death action.
Negligence is the failure of an individual to behave with the same level of care as someone of ordinary prudence under the same circumstances. Establishing negligence is a critical component of a wrongful death claim. The defendant in a wrongful death case must have owed a duty to the victim and breached that duty in a way that caused the victim’s death.
Examples of negligence include:
- A driver of a motor vehicle driving under the influence of alcohol.
- A medical provider prescribing incorrect medication.
- An employer failing to provide appropriate safety equipment for employees.
- A product manufacturer failing to conduct thorough safety testing before releasing a product.
- A business owner failing to fix a hazard or notify visitors of the danger.
Establishing negligence is a very fact-intensive process that generally requires collecting a variety of evidence. An attorney can assist in evaluating the strength of a negligence claim and securing sufficient evidence to support the claim.
While it is easy to think of a wrongful death case or settlement occurring solely between the personal representative and the defendant, there are often other parties involved. First, the personal representative will be responsible for representing the interests of the survivors and any creditors.
These third parties will help establish damages and determine what constitutes a reasonable recovery. They are likely to bring strong opinions to the personal representative and have a vested interest in the outcome of the case.
There are often insurance companies involved as well. Consider the following scenarios:
- If the death occurred in a car accident, the defendant likely has an automobile insurance policy.
- If the accident occurred at work, the employer’s insurance provider will likely be involved.
- If the accident was a premise liability accident, the property owner is likely covered by homeowner’s or other property owner’s insurance.
- If the death was a result of a medical error, the medical provider or institution probably carries medical malpractice insurance.
Insurance companies are very experienced in navigating nursing home and wrongful death claims. It is in their best interest to avoid paying all of the damages owed to the decedent’s beneficiaries. If you are a personal representative, a personal representative can help you navigate these complicated relationships.
In Florida, the deceased’s family members or estate can file a survival action if a legal claim was proceeding when the death occurred. For example, if your loved one was severely injured as a result of an accident and they filed a personal injury lawsuit to recover expenses and impacts caused by the injury but they passed away before the case was resolved, the family can file a survival action to continue to seek the damages described in the initial claim.
No. Unfortunately, in Florida, the death of a fetus is not considered a wrongful death. However, if a car accident resulted in an injury to you that caused the death of your fetus, you can obtain compensation for your expenses and the emotional impact of your loss through a personal injury lawsuit. An experienced attorney can talk to you about this legal process.
The criminal process of arresting someone for committing a crime is an entirely different process than a civil claim seeking compensation for financial and emotional impacts to the decedent’s loved ones resulting from the death. Because these are two separate processes, they can be conducted simultaneously, even if the at-fault party is incarcerated when you file your claim. This is in part because it is almost always the at-fault party’s insurance carrier that provides compensation on behalf of their insured, not the at-fault party personally.
The personal injury protection (PIP) policy that you were required to purchase when you registered your car in Florida provides a $5,000 death benefit. However, death permits individuals to cross the serious injury threshold and file a wrongful death claim. An experienced wrongful death attorney can explore both options with you.
Generally, workplace deaths are compensated through the state’s workers’ compensation program. Most employers are required to purchase a workers’ compensation insurance policy for their workers and this policy includes benefits for survivors if a work-related death occurs within one year of the date of the accident, or within five years of continuous disability.
The following benefits are available, up to a maximum limit of $150,000:
- Compensation for funeral expenses, up to $7,500.
- Compensation for dependents.
- Educational benefits to be used by the surviving spouse.
There are some exceptions when survivors are permitted to file a wrongful death lawsuit after a work-related death.
These include:
- When the accident that resulted in the death was caused by a third party who was not the victim’s employer or co-worker.
- When the employer failed to purchase workers’ compensation insurance for employees as required by law.
The personal representative may negotiate a settlement rather than taking the case to a conclusion through the court. A settlement is favorable if the personal representative is unsure of the outcome at trial or wants to avoid the costs associated with litigating the case.
The parties can negotiate to structure the settlement in two different ways:
- Lump sum: A lump-sum settlement is exactly what it sounds like. The defendant agrees to pay the entire settlement in one payment. Survivors receive a single payment for the full amount of damages. This approach makes sense when there are significant immediate damages, such as medical expenses. A lump-sum payment allows the survivors to pay off these expenses and use the remaining amounts to invest and plan for the future. A lump-sum payment may prove more complicated for the defendant if the amount is large, as the defendant will be required to come up with the amount all at once and with little notice.
- Structured settlement: In a structured settlement, the defendant pays the settlement amount in agreed upon increments over time. A structured settlement is often more feasible for a defendant. It may be less preferable to the survivors, unless they anticipate significant long-term expenses resulting from the victim’s death. Structured settlements are very difficult to modify.
An attorney can help you analyze any settlement offer to ensure it is fair and ensure that you understand all potential future implications.
The Internal Revenue Service has determined that most types of settlements or awards that are received as a result of a personal injury are not considered income and, therefore, are not taxable.
Because a wrongful death claim is the result of a personal injury that led to death, the only portions of the award that may be taxable are:
- Any punitive damages. Punitive damages are not compensation for physical harm, but punish the defendant for particularly egregious conduct. Because of this distinction, punitive damages can be considered income and taxed.
- Any tax deductions you took in previous years for medical expenses related to your injury must be paid back if you receive an award that includes medical expenses.
- Any compensation for emotional distress if your distress did not result from a personal injury.
Many people are tempted to handle civil claims on their own. However, the process of recovering damages for a wrongful death can be extraordinarily complex. An experienced Florida wrongful death lawyer can provide services focused on helping you to obtain the maximum amount of compensation that is available for you.
Those services include:
- A no-obligation, free case evaluation where you have time with an attorney to ask your legal questions, learn more about the firm, and learn about your legal options.
- Determining all sources of liability and all insurance resources you can go after to provide you and your family with the compensation you deserve.
- Providing a damages estimate, based on the financial and emotional consequences you and your family have suffered as a result of your loved one’s death.
- Gathering and organizing evidence and witness testimony that can be used to prove your case.
- Negotiating with the at-fault party’s insurance provider in an attempt to garner a fair settlement offer on your behalf.
- Providing advice and guidance as to the pros and cons of accepting any offered settlement.
- Timely filing all court-required paperwork in the proper jurisdiction, and attending all pre-trial conferences and hearings on your behalf.
- In lieu of a settlement agreement, representing you at trial. This includes delivering opening and closing arguments, presenting evidence, and examining witnesses.
- Assisting you in collecting your settlement or award.
- A convenient, client-friendly contingent-fee payment scheme. What this means is that you owe nothing for your attorney’s services unless and until there is a successful resolution to your case.
Let the experienced wrongful death attorneys at Dolman Law Group Accident Injury Lawyers, PA help you to understand your legal options. With offices across both Florida coasts, you can easily reach Dolman Law Group Accident Injury Lawyers, PA at any time.
The Florida Wrongful Death Attorneys You Need
When you lose a loved one due to another party’s negligence, you have more than enough things to deal with, from handling funeral and burial arrangements to rearranging your life to ensure that your family receives the care it needs. Leave your wrongful death claim in the hands of a compassionate, determined attorney who will represent your family’s best interests and increase the odds that you will receive the compensation you deserve for your loss.
With offices across both Florida coasts, you can easily reach Dolman Law Group Accident Injury Lawyers, PA, and Dolman Law Group Accident Injury Lawyers, PA, at 833-552-7274, or you can write to us using our online contact page.