Wrongful Death

In Florida, a wrongful death claim arises when an individual's death is due to another's negligence or intentional act. The surviving family members may be able to file a wrongful death claim against the responsible party. This claim may include damages such as medical bills, funeral expenses, and lost income. The claim may also be filed for pain and suffering on behalf of the deceased individual's estate.

In the past, families of the deceased could not sue the responsible party. This left a gap where non-fatal injuries could be litigated, but fatal incidents could not. Recognizing this injustice, most states, including Florida, introduced statutes allowing a close relative representing the deceased's estate to pursue a claim against the offending party.

The Florida Wrongful Death Act ensures victims' rights to legal claims persist even after death. Florida Statute 768.19 states, "When the death of a person is caused by the wrongful act [or] negligence of a person … the person that would have been liable in damages if death had not ensued shall be liable for damages … notwithstanding the death of the person.” 

Wrongful death claims are complex. Acquiring a clear understanding of events can be challenging, especially when victims can't share their accounts. With proper legal counsel, it is possible to obtain justice for those whose loved ones have been lost due to the wrongful acts of another.

1. Prioritize Emotional Well-being: Consider grief counseling or therapy to help navigate the emotional aftermath of the tragedy.
2. Document Everything: Collect medical reports, autopsy results, and any potential evidence of negligence.
3. Collect Witness Contacts: Gather names, and contact details of anyone who might have observed the incident. 
4. Seek Legal Advice: Consult an attorney to understand your rights and potential claims.