What may warrant a wrongful death lawsuit is when a person’s death is caused by the negligence or wrongful act of another. In this situation, Florida law allows the victim’s estate to file a wrongful death lawsuit under the Florida Wrongful Death Act. This legal action is designed to hold the at-fault party accountable and provide critical financial support for the surviving family members left behind to cope with both their emotional loss and financial hardship. If you are in the horrific situation of grieving over your unexpected loss, our compassionate and skilled Miami, FLwrongful death lawyer is here to help.
Who Can Recover Damages In A Florida Wrongful Death Lawsuit?
The wrongful death claim is filed by the decedent’s Personal Representative on behalf of the estate and specific “survivors” as defined by Florida Statute §768.18. Survivors may include:
- The surviving spouse
- Children under 25, or of any age if dependent on the decedent
- Parents, if the decedent was unmarried and under 25
- Other blood relatives who were partially or wholly dependent on the decedent for support
The Personal Representative is typically named in the decedent’s will or appointed by the probate court if no will exists. This person has the legal authority to pursue the wrongful death claim and distribute any recovery according to Florida law.
What Types Of Compensation Are Available Under The Florida Wrongful Death Act?
The damages are specifically designed to compensate both the estate and the survivors for their distinct losses:
For the Survivors:
- Loss of support and services the decedent provided, including financial support and household services
- Loss of companionship, protection, and parental guidance
- Mental pain and suffering experienced by the survivors due to the wrongful death
For the Estate:
- Loss of net accumulations (what the decedent would have saved and left to the estate over their lifetime)
- Medical and funeral expenses paid by the estate
- Lost earnings from the date of injury to the date of death
Calculating Lifetime Damages
We work with economists, actuaries, and life-care planners to project these losses over what would have been the decedent’s lifetime. This includes analyzing the decedent’s earning capacity, career trajectory, health status, and life expectancy to ensure the family receives fair compensation for their total economic loss.
Complex Wrongful Death Cases
Our firm handles wrongful death cases arising from:
- Medical malpractice
- Car and truck accidents
- Premises liability incidents
- Product defects
- Workplace accidents
Each type of case requires specific expertise in proving liability and calculating damages.
Statewide Wrongful Death Practice
Wrongful death cases can arise anywhere in Florida—from:
- Miami hospitals
- Orlando theme parks
- Tampa workplaces
- Jacksonville industrial facilities
Our statewide practice ensures that families throughout Florida receive the same level of comprehensive representation regardless of where the tragic incident occurred.
Our goal is to ensure the family is cared for financially both now and in the future, providing some measure of security during an incredibly difficult time, and to help them avoid common mistakes grieving families experience during this difficult time.
If you are in the awful situation of losing a loved one because of someone else’s negligence, contact Needle & Ellenberg, P.A. today.