Steven A. Bagen | April 1, 2025 | Personal Injury
Some frequently asked questions about Florida’s Wrongful Death Act revolve around what qualifies as a wrongful death, who can file a wrongful death claim, what damages a claim might cover, and when the deadline for filing a claim expires. You may have more questions, and a Florida wrongful death attorney can answer those questions for you.
Another question is whether you should hire an attorney to lead a wrongful death claim for you. The answer is “yes.” A lawyer will spare you from the difficult aspects of a wrongful death case. Your attorney’s familiarity with the Wrongful Death Act (and the realities of completing a wrongful death claim) will enhance your case.
What Qualifies as a “Wrongful Death” Under Florida’s Wrongful Death Act?
Wrongful deaths are typically those that result from either:
Negligence
Negligence happens when a person or institution departs from the behavior that a “reasonable” or even “ordinary” person would do. Examples of negligence would include:
- A motorist driving 20 miles per hour over the speed limit
- A medical professional failing to warn a patient about the potential dangers of a surgery
- A property owner knowing that tile flooring becomes slippery when wet but failing to protect customers from slipping during the rainy season
Those who cause a wrongful death through negligence are not typically trying to hurt the victim. Even so, these parties fail to exercise good judgment or necessary caution, and their failure has a devastating cost—the victim’s life.
Intentional Harm
You might also file a wrongful death case if someone caused intentional harm to your loved one, and that harm led to their death. Physical attacks, arson, and other intentional harmful acts are undoubtedly grounds to pursue a wrongful death action.
In either case, the death would not have happened if not for someone’s failure to consider the victim’s wellbeing and take intentional steps to protect them.
Who Does Florida’s Wrongful Death Act Allow to File a Wrongful Death Claim?
The deceased individual’s personal representative typically files a wrongful death claim. The decedent may have identified the personal representative in their will. The personal representatives may seek compensation on behalf of:
- The deceased’s spouse
- The deceased’s minor children
- The deceased’s adult children
- The deceased’s parents
- The parent of a child who dies
The decedent’s family circumstances will dictate who may be entitled to compensation. For instance, if the deceased had a spouse and children, then their parents may not be eligible to seek compensation through a wrongful death claim—though there can be exceptions, so speak with a Gainesville wrongful death lawyer for a personalized case evaluation.
Wondering How a Wrongful Death Can Happen? Here Are Some Examples
Those affected by a loved one’s wrongful death are not always sure whether the death was wrongful. Allow an attorney to conduct a personalized evaluation of your case, but know that a wrongful death can result from:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Rideshare accidents
- Bus accidents
- Bicycle accidents
- Scooter accidents
- Boat accidents
- Drunk driving accidents
- Slip and fall accidents
- Trip and fall accidents
- Other premises liability accidents
- Workplace accidents
- Animal attacks
- Nursing home neglect and abuse (and other types of elder mistreatment)
- Medical malpractice
- Defective product accidents
- Exposure to toxic substances and environments
- Intentional physical attacks
Wrongful deaths might also happen as an indirect result. For instance, if someone takes their own life after suffering physical abuse, there may be grounds for action against the abuser.
Remember one thing: It’s not these events that cause the wrongful death, but instead, the at-fault party’s negligence that causes the wrongful death. This is why you should demand accountability for the at-fault party’s negligence.
What Damages Can You Seek Compensation for Through a Wrongful Death Suit?
Most people consider wrongful death cases to be the most serious type of civil case. Losing a loved one cannot be undone. That said, justice can be done. Your attorney will seek compensation to account for all harm resulting from your loved one’s loss, which may include:
Non-Economic Damages Affecting a Spouse
The death of a spouse is heart-wrenching. It’s a blow that some don’t ever fully recover from, and some of the most painful aspects of losing a spouse can include the loss of:
- Companionship
- Comfort
- Intimacy
- Emotional support
- Protection
- Enjoyment of life with one’s partner
Wrongful death attorneys try to account for every role a decedent fulfilled for their loved ones. The role of a spouse is immense and multi-faceted, and your case will reflect that fact.
Non-Economic Damages Affecting Minor Children of the Decedent
Florida law notes that minor children whose parent dies a wrongful death may deserve compensation reflecting:
- Lost parental companionship
- Lost instruction
- Lost guidance
Losing a parent can be just as devastating as losing a spouse, if not more so. Attorneys understand this. Your wrongful death lawyer will lean into their empathy as they document the harm that any children have suffered because of a parent’s passing.
Pain and Suffering
Almost every beneficiary in a wrongful death action experiences pain and suffering. While everyone’s reaction to a loss is personal, many who endure a loved one face:
- Grief, can be particularly difficult to process when a loved one passes away unexpectedly
- Depression
- Loss of enjoyment of life
- Post-traumatic stress disorder (PTSD), especially in cases where a loved one witnessed the wrongful death
- Emotional anguish
- Psychological distress
Some survivors of wrongful deaths might even consider self-harm. Your Florida wrongful death attorney will account for pain and suffering as they seek justice for your tragic loss.
Lost Financial Support
The financial aspects of a wrongful death might seem to pale in comparison to grief, heartache, and the absence of the decedent’s presence. It’s a lawyer’s job to document all of the losses you’ve suffered, including financial losses. They will ensure nothing is overlooked.
You might deserve compensation for the loss of the decedent’s income, valuable skills (like investing), employer-provided benefits, and other direct and indirect financial support.
Loss of the Decedent’s Role Within Their Household
Your wrongful death case must reflect the essence of who your loved one was. This includes their day-to-day role within their household, which may have included:
- Managing finances
- Completing handiwork
- Protecting loved ones
- Assisting with chores
- Leading family activities
These are the kinds of non-financial benefits that make losing a loved one so painful. It’s only right that your case reflects who your loved one was as a person.
Expenses Related to the Fatal Event
You may be left with expenses from the circumstances that led to your loved one’s passing. For example, you might receive medical bills for your loved one’s end-of-life care. Your attorney will include all such expenses in your case.
If you face funeral costs, your wrongful death lawyer will include these costs in your case, too.
Do I Need a Wrongful Death Attorney to File My Claim?
Hiring a lawyer is the right decision for many victims of wrongful deaths because:
Grief Can Be Overwhelming
Grief can transform your life without warning. Even those who are typically energetic and optimistic may feel knocked to their knees by the impact of a wrongful death.
In the aftermath of a loved one’s passing, you may:
- Have little energy
- Be emotionally volatile (or downright depressed)
- Have difficulty concentrating
- Be less able to tolerate the type of stress that you normally would
It’s not an exaggeration to say that grief can be all-consuming. Even if you were inclined to handle your own wrongful death case, your state of grief may prevent you from doing so.
Your Case Will Involve (Potentially Distressing) Details of Your Loved One’s Death
It should be no surprise that a wrongful death case would involve details about the wrongful death. It’s one thing to know this fact. It’s a whole other challenge to actually face those details.
Don’t. Allow a lawyer to handle your case. Exposing yourself to potentially distressing information is not necessary, and doing so can prolong your recovery process.
Potentially Even More Distressing, Liable Parties May Fight Your Case
Those who are at fault or liable for your loved one’s wrongful death may act in ways you consider callous. They may:
- Say that your loved one is responsible for the fatal circumstances
- Downplay the harm you’ve suffered
- Challenge your sincerity (or the sincerity of your case)
- Put you through challenging negotiations
- Force you to go to trial (by not agreeing to a fair settlement)
Witnessing such bad-faith tactics firsthand can arouse anger and other emotions that may not benefit you. Protect yourself by allowing your lawyer to take on these (and all other) challenges for you.
You Deserve a Professional Case
A wrongful death case has gravity. You will be seeking a financial recovery that may need to cover your losses and may need to sustain you for years to come. You are also seeking justice for the loss of a loved one.
It only makes sense to hire a legal professional to lead your case for the best possible outcome.
If You Need to Sue, Hire Someone Who Knows How To
Your wrongful death claim may be able to settle with those who are liable for your loved one’s death. If not, you will need to file a lawsuit and potentially even go to court. Hire a lawyer so that, if you need to take any legal action, you can do so immediately.
Will I Have to Pay for a Wrongful Death Attorney?
You will not have to pay any initial or out-of-pocket cost to your wrongful death attorney. Lawyers who lead wrongful death cases typically use contingency fee agreements, which place all the pressure on the attorney to deliver results.
With a contingency fee agreement in place, you will:
- Never have to pay your law firm out of your pocket
- Not have to cover case-related expenses
- Agree with your attorney: If they obtain compensation, the lawyer will get a fair percentage of the settlement or judgment
With the grief and other challenges you are likely facing after your loss, you should not have to be concerned about the cost of any attorney. Because of attorneys’ contingency fee agreements, you won’t have to be.
What Do I Do After Hiring a Lawyer to Lead My Wrongful Death Claim?
Hiring a lawyer takes care of a lot. You won’t have to worry about documenting your losses, determining how much compensation you deserve, or securing that compensation. A lawyer will handle all of that (and much more), and you will only need to:
Be Ready for Your Lawyer’s Calls and Texts
Your attorney is going to take total ownership of your case. They want to protect you from potential distress and resolve your case as soon as possible, so they will provide start-to-finish service.
Your wrongful death lawyer will need to be in consistent communication with you. Be available for them, as this will be the surest way to build a strong, efficient case.
Rely on Your Attorney’s Advice
Your lawyer may advise you about:
- How you might document grief and other types of pain and suffering
- Who you should and should not speak to about your case
- Various other aspects of your case and recovery
Trust your lawyer. If you decided they were the best fit to lead your case, they deserve your trust.
Act on Your Lawyer’s Requests as Soon as Possible
If your attorney needs any information, statements, or other action from you, try to take that action as soon as possible.
Prioritize Your Mental and Emotional Health
Perhaps most importantly, take care of yourself. You have hired a lawyer to handle your case; now, you can handle your health.
Is There a Deadline for Filing a Claim Under Florida’s Wrongful Death Act?
Yes, there is likely a deadline for filing your wrongful death claim. This is all the more reason to hire your attorney today.
Missing a filing deadline can end your case before it starts. Hire your lawyer so they can compose and file your case today. There’s no reason to wait and every reason to act.