Wrongful Death

The unexpected death of a family member is so traumatic and all-consuming that it's often impossible for immediate family members to think about whether they have a legal case.

A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit, rather it is the family members or the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her.

The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death. The plaintiff in a wrongful death action is the personal representative of the decedent. Fla. Stat. § 768.20. The personal representative does not need to have a connection with the events that caused the decedent's death. The decedent's negligence, however, will be imputed to the plaintiff, reducing or barring the plaintiff's recovery on behalf of the estate to the extent that the decedent's negligence was a proximate cause of his or her own death. Perdue v. Copeland, 220 So. 2d 617 (Fla. 1969). If a survivor is found to be negligent, the non-negligent survivor's recovery cannot be reduced due to another survivor's negligence. Frazier v. Metropolitan Dade County, 701 So. 2d 418, 420 (Fla. 3d DCA 1997)

Wrongful death lawsuits are different from other personal injury claims. The suit is brought on behalf of the survivors or the estate of the deceased rather than the victim. Calculating the cost of a death requires vocational and economic experts to determine the contribution of the decedent to the family economy had he or she lived. These specialists will determine the non-economic contribution of the deceased. This includes emotional support, help with chores, and attendance at kids’ sporting events; all of which are difficult to quantify. Another difference is the possibility of a survival action, which compensates the estate of the deceased for pain and suffering, medical costs, and other expenses incurred between the accident and the death.

In Florida wrongful death cases, special consideration is given to the statute of limitations. Generally, you have two years from the time of the decedent's death to file a law suit. Fla. Stat. § 95.11. Wrongful death actions based on medical malpractice, however, are governed by the medical malpractice statute of limitations which may extend your right to sue to four years. Fla. Stat. § 95.11

In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call Williams & Moore, P.A. now at (866) 258-6700. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.