There is no easy way to lose a loved one. It can happen in so many ways. But, when you lose a loved one because of another person’s negligence, it can make your grief that much worse, especially because your loved one’s death could and should have been avoided.
Fortunately, there is a way to hold a negligent person responsible for the death of your loved one. It may not bring your loved one back, but it could provide a measure of justice. It could also mean that the person will reflect on their actions and not be negligent in the same manner again. This could help save other lives.
In Florida, the law allows surviving family members to file wrongful death lawsuits and seek compensation after the death of a loved one due to negligence. There is a two-year statute of limitations period for wrongful death cases, which means you have two years to file from the date of your loved one’s death.
What Does Wrongful Death Mean?
Wrongful death refers to the death of a person due to negligence or a wrongful act by another person. The Florida Wrongful Death Statute governs wrongful death claims in the state. This law allows the deceased person’s estate and certain family members to file a legal case.
Who Can File a Wrongful Death Lawsuit?
Typically, only the executor of the deceased person can file a lawsuit. This representative must be named in the deceased’s will or estate plan. If your loved one did not leave a will, the court will appoint a personal representative. This is likely to be a close family member.
If you are one of the following family members, you may be appointed a personal representative:
- Spouse
- Child
- Parent
- Blood relative or adoptive sibling financially dependent on the deceased
Florida law distinguishes between the rights of adult and minor children in wrongful death cases. For instance, adult children cannot recover damages for emotional pain and suffering.
Grounds for Filing a Wrongful Death Lawsuit
If your loved one died as a result of the following incidents, you have grounds to file a wrongful death lawsuit:
- Medical malpractice
- Car accident
- Workplace accident
- Criminal act
- Defective product
If you want to succeed with your wrongful death lawsuit, you must prove that the person responsible for the incident breached the duty of care they had towards your loved one. You must also prove that the breach of duty directly led to your loved one’s death.
Filing a Wrongful Death Lawsuit
Dealing with legal proceedings while grieving your loved one will be challenging. You should hire a wrongful death attorney to help you through the process.
Your lawyer will investigate your loved one’s death. They will identify all the liable parties (if more than one). They will also calculate the damages that you can claim.
The lawyer will also negotiate with the other person’s (defendant) insurance provider and legal team about the settlement.
Filing the Complaint
If you are the personal representative for the case, your lawyer will help you file a formal complaint with the court.
The complaint must include:
- The legal reason for the wrongful death claim (car accident, medical malpractice, etc.)
- The timeline and facts of the incident, including what led to your loved one’s death.
- The relationship of all surviving family members to the deceased.
- The settlement amount required.
Your lawyer will prepare the court documents to ensure all legal requirements are met. When the complaint is filed, the defendant must be notified. When they receive notification of the legal case, they have 20 days to respond.
This means the defendant may file a response admitting or denying fault. If the defendant has a lawyer, they may file a motion to dismiss your lawsuit. You do not have to worry about this, as your lawyer will handle all legal challenges that may arise.
Discovery Process
The discovery process follows the notification and response period. During this time, your lawyer and the defendant’s lawyer will exchange information and evidence. This includes sworn statements from both experts and witnesses.
It also includes questions answered under oath. If more information is required, it will be requested during this time. Required information may include medical records, accident scene photos, and a police report.
The discovery process is time-consuming. This is because sides must get enough evidence to build their cases.
Settling a Wrongful Death Case
Most wrongful death cases are settled out of court. When the discovery process is complete, your lawyer will present your claim and start negotiating with the defendant’s legal team.
Settlement out of court can save time and legal costs and provide a guaranteed settlement outcome.
But, if your lawyer cannot get the other legal team to agree to your claim, the case should proceed to trial.
If your case goes to court, your lawyer will present your case in front of a judge and jury. They will use the evidence gathered to prove that the defendant’s actions caused your loved one’s death. This will also prove that you and other family members are entitled to compensation.
The judge or jury will decide the case’s outcome, including how much damages is awarded.
Types of Damages
You can claim several types of damages in a wrongful death lawsuit. These include:
- Economic damages include medical and funeral expenses, loss of income, and loss of benefits.
- Non-economic damages cover pain and suffering and loss of companionship. If your loved one was your parent, you may also claim for loss of parental guidance.
In rare cases, a court may award punitive damages in addition to other damages. Punitive damages punish defendants for their actions and help deter similar behavior in the future.
What to Consider When Filing a Wrongful Death Lawsuit
Proving liability is not always easy in a wrongful death suit, especially in medical malpractice or workplace injury cases. It may also be difficult to convert damages into figures, particularly regarding pain and suffering.
Furthermore, wrongful death cases can take months or years to resolve. That is a long time to focus on something as traumatic as your loved one’s death. It will be emotionally draining and taxing on your own family.
This is also why you should get a lawyer to assist you. A lawyer can maximize your chances of winning the case faster so you and your family can move on.
