What is Wrongful Death?
Florida State law stipulates that when a death is caused by the wrongful act, negligence, default, or breach of contract of another party, then the family of the deceased can initiate a claim for damages referred to as “wrongful death” claims. These are tort claims, meaning they are heard in civil court and not a matter of criminal proceedings.
Who Can File a Wrongful Death Claim?
Only certain people are able to file and recover damages from wrongful death claims in Florida. The claim must be submitted by the representative of the deceased’s estate. The claim for damages should be filed on behalf of the deceased’s personal estate and surviving family members. The representative of the estate must identify every family member who has an interest or is entitled to recover damages from the claim. Family members entitled to recovered damages include the following family members of the deceased:
- Spouse, children, or parents
- Blood relatives
- Adoptive siblings
- Adult children
- The parents of minors
What Damages Can Be Recovered From a Wrongful Death Claim?
Damages that are available for the estate of the deceased may cover any of the following:
- Medical bills
- Lost wages
- Lost prospective wages
- Mental pain and anguish
- Loss of companionship, guidance, and protection
- The value of lost support and services
- Funeral and burial or cremation costs
The State of Florida does not allow for punitive damages in wrongful death cases. Punitive damages are monetary rewards to punish the defendant.
How is Fault Determined in a Wrongful Death Case?
To determine fault in a wrongful death case, negligence must be established to prove that the death occurred due to the actions of another person or entity. Negligence is established through the following elements:
- Duty of care: The estate of the deceased must prove that the deceased was owed a reasonable expectation of care. For example, a tenant should be able to expect a safe dwelling during reasonably high winds.
- Breach of duty: The estate of the deceased must prove that the defendant failed to abide by this obligation of care. For example, a property owner failed to perform routine maintenance and inspection on an occupied dwelling.
- Causation: The estate of the deceased must prove that this failure to uphold a reasonable expectation of care is directly responsible for the loved one’s death. For example, poorly maintained dwellings resulted in collapsed roofs due to higher-than-average winds.
What is the Difference Between Negligence and Wrongful Death Claims?
Traditional negligence cases typically involve an individual filing a claim on his or her own behalf, whereas the family member of the deceased must file a wrongful death claim. However, both claims involve proving negligence. A wrongful death claim also requires the following factors:
- The death was caused by the negligent conduct of another
- The victim has surviving and dependent family members and
- The surviving family members have sustained financial damages as a result of the death
What is the Statute of Limitations for a Wrongful Death Claim?
A statute of limitations refers to the amount of time available for a claim to be brought against another person or entity. Depending on the cause of death, the statute of limitations for a wrongful death claim may vary. However, most claims must be filed within two years from the date that the death occurred.
Is Wrongful Death the Same as Murder?
As previously stated, wrongful death is defined as a death resulting from the negligence of another party. This is different from murder, which is defined as the unlawful killing of another with malice or forethought. Wrongful death claims often involve a defendant who did not intend to kill another person but acted in such a way that led to the death.
Who is Responsible When Bad Weather Results in a Fatal Car Accident?
When bad weather contributes to a fatal car accident, negligence must still be proven for a successful claim. The liability may be with another driver or with the government entity responsible for maintaining the roadway. Negligence involving another driver is not limited to the time spent driving but also the actions before getting into the car, such as replacing regular tires with snow tires, cleaning headlights, and properly inflating tires. Poor weather conditions can be proven through weather reports, police reports, or witness statements.
How Does Premises Liability Contribute to Wrongful Death Claims?
Property owners have an inherent responsibility to maintain safe premises for the public. When building conditions deteriorate, the owner must repair and return the property to a safe condition. When a death results from a property owner’s failure to maintain safe premises, it is the fault of the owner, and he or she can be held responsible.
How is a Wrongful Death Claim Filed?
To file a wrongful death claim, the following steps should be taken:
- Surviving members of the estate must determine who is eligible to file the claim
- The estate of the deceased must file the claim within two years of the death
- The estate of the deceased should enlist the help of a wrongful death lawyer to help ensure a successful claim
Do I Need an Attorney?
If your loved one has been fatally injured due to the reckless behavior of another party, you need help you can count on to ensure justice is served. Call Gonz Law Group today at 888-GONZ-411 or fill out a contact form for a free consultation.