This area of the law is the most sensitive and heart wrenching.  If you have lost a loved one because of the negligence of someone else then you are seeking an attorney that not only will seek justice for you and your family but will also be compassionate for your loss. 

The Florida Wrongful Death Act, which runs from Florida Statute 768.16 to 768.26, allows the family of a deceased person to file a claim to recover damages from the negligent person.  A wrongful death action may only be brought by the personal representative for the benefit of the decedent's survivors and estate.  The personal representative is a party to the lawsuit as the plaintiff but the family and the estate are the real parties in interest on whose behalf a recovery is sought.

Right of Action

What is the basis for a lawsuit under the Florida Wrongful Death Act?

Florida Statute 768.19 tells us that: "When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony."

Damages

Florida Statute 768.21 lists all the specific damages that may be awarded in a wrongful death action.

In general, the damages in wrongful death cases includes loss of love, support, and services of the deceased, losses experienced by each individual survivor, compensation for loss of the estate that would have been accumulated, and medical and funeral expenses.

While no amount of money can make up for the loss of a loved one, it can help with funeral and medical bills, as well as lost income. Survivors, such as a spouse, child, or parent, can collect compensation in cases of wrongful death.

Statute of Limitations

In Florida, the personal representative for the estate must bring a wrongful death claim within two (2) years from the date of death.

Filing a wrongful death claim under the Florida Wrongful Death Act will not bring back your loved one but it will bring some sense of closure.  Please contact me today for a free consultation from a Miami wrongful death attorney about your rights.  There are no fees or costs unless I recover money for you.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami personal injury attorney about your legal rights and responsibilities regarding your particular case.