Losing a loved one unexpectedly is one of life’s most difficult experiences. When that loss is caused by someone else’s negligence, Florida law allows certain family members to pursue a wrongful death claim. These lawsuits can provide both financial support and a sense of accountability following a tragic event.
Under Florida Statutes § 768.19, a wrongful death occurs when a person’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty of any person,” and the deceased would have been entitled to recover damages had they survived.
This law effectively transfers the right to sue from the deceased to their surviving family members or estate.
What Counts as a Wrongful Death in Florida
A wrongful death occurs when an individual dies as a result of another party’s negligent, reckless, or intentional actions. The law applies to a wide range of circumstances. Common examples include:
- Motor vehicle accidents involving cars or trucks
- Medical malpractice
- Unsafe or hazardous property conditions
- Defective or dangerous products
- Criminal acts, such as assault or drunk driving
If the deceased would have had the right to file a personal injury claim had they survived, their surviving family members may have the legal right to pursue a wrongful death lawsuit.
Who Can File a Wrongful Death Claim
Only the personal representative of the deceased person’s estate can file the claim. That person acts on behalf of surviving family members who may be entitled to recover compensation.
Eligible survivors typically include:
- A spouse
- Children (including adult dependent children)
- Parents of a deceased minor or adult child
- Other relatives who depended on the deceased for financial support
Each case requires a review of family relationships and legal rights.
What a Family Must Prove
Wrongful death claims must meet four legal requirements:
- The person or entity owed a duty of care to the deceased
- That duty was breached through negligence or wrongdoing
- The breach directly caused the person’s death
- Surviving family members suffered measurable harm as a result
Lawyers gather evidence like witness statements, medical records, and expert reports to prove these points in court or settlement discussions.
What Damages Are Available
Survivors may be able to recover compensation for:
- Medical costs related to the person’s final care
- Funeral and burial expenses
- Lost income or benefits the person would have provided
- Pain and suffering for close family members
- Loss of guidance, protection, or companionship
- The value of services the deceased provided to the household
The amount depends on the facts of the case and the impact of the loss on the surviving family.
How Long You Have to File a Claim
Florida’s statute of limitations for wrongful death claims is two years from the date of death. This deadline is strict. If a case is filed late, the family may lose their right to compensation.
Acting quickly allows time to investigate and preserve important evidence.
Why You Should Speak With a Lawyer
Wrongful death cases are emotional, complex, and high-stakes. A licensed attorney could handle the legal process and fight for the full value of your claim.
At The Law Office of Eric Matthew Rubenstein, families receive personal attention, clear answers, and strong representation from day one.
When to Call a Wrongful Death Attorney in Miami
If someone you love lost their life due to the negligence of another, contact an attorney before accepting any insurance offer. You may be entitled to compensation.
Call (877) 829-ERIC or visit our contact page for a free consultation. You do not pay unless there is a recovery.
Related article: Car Accident in Miami: What to Do Next According to Attorney Eric Rubenstein
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to get advice specific to your situation.
