Florida Wrongful Death Claim FAQs

When losing a loved one due to someone else's actions, it's natural to have a lot of questions about your rights and what comes next. Below are some of the most common questions our clients ask about wrongful death claims, answered clearly and compassionately.

What Is a Wrongful Death Claim?

A wrongful death claim seeks to hold a responsible party accountable for the death of an individual (the decedent) and recover compensation for the losses that surviving family members and beneficiaries incurred. 

Wrongful death lawsuits differ from murder, manslaughter, and similar cases. The aim of a wrongful death claim is to recover compensation and not necessarily to punish the responsible party. 

Who Can File a Wrongful Death Lawsuit?

You may file a wrongful death lawsuit if you are:

• The surviving spouse, parent, or child of a person who passed away because of another’s negligence
• A blood relative or adoptive sibling who depended on the decedent for financial and emotional support

Only one person may file a lawsuit pertaining to an individual’s wrongful death. Other conditions may impact your eligibility to take legal action against a responsible party. Consulting an attorney is the best way to determine how to proceed in your wrongful death case. 

What Do You Have to Prove in a Wrongful Death Claim?

To prove that a person caused the wrongful death of your loved one, you must demonstrate a causal link between the defendant’s negligence and the death. Doing so may involve highlighting the defendant’s breach of a duty of care or showing how the defendant’s reckless actions disregarded human life. 

This likely sounds complicated, and it is. However, we are up for the task. Our founding attorney, Mark Stallworth, and our team work tirelessly to gather evidence and information and craft arguments in our client’s favor. Count on us to give your case the time it deserves and do everything possible to recover the compensation you need. 

How Long Do I Have to File a Wrongful Death Lawsuit?

In Florida, you generally have two years from the date your loved one passed away to file a wrongful death lawsuit. This deadline is called the statute of limitations. Missing this window usually means losing the right to pursue compensation.

If the death was due to medical malpractice, there may be additional rules on timing. Cases involving minors or hidden causes of death may also have exceptions. If a government body is responsible, the timeframe can be much shorter, sometimes just six months to file an administrative claim.

Because every case is different, consulting an attorney early ensures you meet all deadlines and protect your rights.

What Types of Damages Can Be Recovered in a Wrongful Death Action?

Wrongful death lawsuits can seek compensation for a variety of losses the family suffers after their loved one’s death. 

Typical damages include:

• Funeral and burial expenses
• Loss of financial support or income the deceased would have provided
• Loss of companionship and comfort (emotional support and love)
• Pain and suffering endured by the deceased prior to death
• Medical bills incurred before death related to the injury or illness
• Loss of parental guidance or consortium for children

The damages awarded depend on your family's unique circumstances and the nature of your loss.

What if the Deceased Was Partially Responsible for Their Own Death?

Florida law follows a modified comparative negligence rule for wrongful death claims. This means if the deceased was partly to blame for the accident or incident, their degree of fault might reduce the damages that can be recovered.

If the deceased is found to be 50% or more at fault, the wrongful death claim could be barred entirely. However, if they are less than 50% responsible, your compensation will be reduced proportionally to their share of fault.

How Are Damages Divided Among Surviving Family Members?

Florida law specifies who can recover damages after a wrongful death. 

Typically, damages are distributed among the deceased person’s:

• Spouse
• Children
• Parents
• Financial dependents

How damages are divided depends on who survives and the degree to which they were financially or emotionally dependent on the deceased. Courts strive to allocate damages fairly based on each person’s loss.

Do I Need an Attorney to File a Wrongful Death Claim, and What Will They Do for Me?

You’re not required to have a lawyer to file a wrongful death claim, but having one is highly recommended. These cases are legally complex, emotionally charged, and involve strict deadlines.

An experienced wrongful death attorney will:

• Analyze your case and explain your rights clearly
• Handle all communications with insurance companies, the court, and opposing parties
• Gather and organize evidence proving negligence and damages
• Advocate for the maximum compensation possible based on your family’s unique needs
• Guide you step-by-step through the legal process, providing support and answers along the way

Having professional help can relieve some of the stress and improve your chances of a fair outcome.

What Are the First Legal Steps I Should Take After a Wrongful Death Occurs?

When a loved one dies because of someone else's actions, the first step is to speak with a knowledgeable wrongful death attorney as soon as possible. They will help you understand your rights, guide you through the legal process, and make sure you don’t miss important deadlines. Your attorney will also assist in appointing a personal representative to manage the lawsuit and gather vital evidence to support your case.

Who Is Appointed as the Personal Representative, and What Role Do They Play in the Lawsuit?

The personal representative is the person legally authorized to act on behalf of the deceased’s estate. Usually, this person is named in the deceased’s will, but if there isn’t one, the court will appoint a close family member. This representative has the sole legal power to file the wrongful death lawsuit, negotiate settlements, and distribute any compensation awarded to surviving family members.

How Long Does a Wrongful Death Lawsuit Usually Take to Resolve?

The timeline varies depending on the case’s complexity, but many wrongful death claims settle before trial, often within several months to a couple of years. If the case goes to court, a trial can add additional months or longer. Your attorney will keep you informed at every step and work to resolve the case as efficiently and fairly as possible.

What Types of Evidence Are Most Important to Support a Wrongful Death Claim?

Key evidence includes police or accident reports, medical records, autopsy findings, witness statements, and any photographs or videos of the scene. Expert testimony from medical professionals or accident reconstruction specialists may also strengthen your case by clearly showing how the negligence caused the death.

Can Multiple Parties Be Held Liable in a Wrongful Death Case?

Yes, sometimes more than one person or entity shares responsibility. For example, a car accident could involve multiple drivers or even a vehicle manufacturer if a defect played a part. Your lawyer will investigate all possible responsible parties to make sure your family gets the full compensation you deserve.

Will The Compensation I Receive Be Taxed?

Generally, compensation from a wrongful death settlement or judgment is not taxable as income. However, tax laws can be complicated, so it’s wise to consult a tax professional to understand how any payments may affect your specific financial situation.

How Are Funeral and Burial Expenses Covered in a Wrongful Death Settlement?

Funeral and burial costs are considered part of the damages you can seek in a wrongful death claim. These expenses are typically reimbursed through the settlement or judgment to alleviate some of the financial stress during a difficult time.

What If the Responsible Party Denies Liability or Refuses to Settle?

If the at-fault party denies responsibility or won’t agree to a fair settlement, your attorney can take the case to trial. A judge or jury will review the evidence and decide who is at fault and what compensation should be awarded. Your lawyer will prepare and advocate strongly for your family throughout this process.

How Does Florida Law Handle Wrongful Death Claims Involving Minors?

Florida law allows wrongful death claims for minors, but the court may appoint a guardian or personal representative to protect the child’s interests during the lawsuit. The court ensures any compensation awarded for minors is managed responsibly, often through a trust or court supervision.

Are There Any Emotional Support Resources Available for Grieving Families During the Lawsuit Process?

Yes, many communities in Florida offer grief counseling and support groups for families dealing with wrongful death. Your attorney or healthcare providers can often refer you to these resources. Emotional support can be a crucial part of healing while you pursue justice for your loved one.

Taking the Next Step After Loss

While no amount of money can replace someone you’ve lost, a wrongful death claim can provide necessary financial support and help hold those responsible accountable. The process is complicated and time-sensitive, so consider contacting a knowledgeable Tampa wrongful death attorney sooner rather than later. Understanding your options and the law is a crucial step in seeking justice for your loved one.

Allow our team to help guide you during this difficult time. Call (813) 851-2286 for a free consultation.