When someone dies because of another’s wrongful act, Florida law allows the deceased individual’s surviving loved ones to seek compensation under a wrongful death lawsuit. Under Florida Statute § 768.19, wrongful death is when someone has died as a result of another party’s negligence, carelessness, or intention. Some examples of wrongful acts include car accidents, medical malpractice, defective products, or homicide. It is important to speak with an experienced Miami wrongful death attorney if you believe you may have a wrongful death claim in Florida.
How is a Wrongful Death Claim Brought?
When a family chooses to file a wrongful death lawsuit, the executor of the deceased party’s estate will file a claim on their behalf and any other potential beneficiaries. If the court finds the defendant liable, he or she will be ordered to pay damages to compensate the family for their damages. Compensation may be awarded to specific family members or the deceased party’s estate. Speak with an experienced Miami personal injury attorney today, call (305) 354-9313.
What are Damages in a Wrongful Death Case?
Compensation for damages in a wrongful death claim is designed to compensate the family for their losses. Damages in a wrongful death claim can include
- Any funeral or burial expenses paid by the family or estate
- Any medical expenses left by the deceased individual
- Any loss of support or services the deceased provided the family
- Any loss of parental instruction and guidance the deceased may have provided
- Any loss of companionship and protection that the deceased provided
- Any lost wages that the deceased experienced from the time of the incident until the time of death
- Any pain and suffering that the deceased may have experienced prior to their death
Florida Wrongful Death Statute
Losing a loved one due to someone else’s carelessness can be an incredibly traumatic experience for families. Fortunately, the State of Florida has laws in place to help provide some compensation and support to those who have suffered such a loss.
Under section 768.19 of the Florida statutes, sometimes referred to as the “Wrongful Death Act,” families of individuals who have died as a result of another person’s negligent or wrongful conduct can pursue legal action in civil court. This section outlines the right of action the deceased person’s estate can exercise to seek justice for their loved one’s untimely death.
The Florida wrongful death statute enables surviving family members to pursue legal action through the estate of the deceased. If the actions of the defendant were wrongful, negligent, in default, or breached a contract or warranty, they can be held accountable for the victim’s death. In situations where the deceased would have been entitled to pursue legal action for damages against the defendant had they survived, the personal representative can initiate a wrongful death claim on behalf of the estate.
If the deceased appointed a representative in their will, that person can act as the plaintiff in the case. In the absence of a representative named in the will, the personal representative can be either the surviving spouse or another family member. However, even though the personal representative is the plaintiff in a wrongful death lawsuit, any damages awarded are intended to benefit the victim’s surviving family members or the estate.
What is the Difference Between a Criminal Case and a Wrongful Death Case?
The government will bring a criminal case against a defendant with the express purpose of punishing them for a crime. A wrongful death case is a civil case that compensates the surviving family members for their losses, or damages, that resulted from the death of their loved one. Consequently, there are some distinct differences between a criminal case and a civil case:
- The burden of proof differs between a criminal case and a civil case. In a criminal case, it must be established that the defendant is guilty “beyond a reasonable doubt.” In a civil case, liability is established “by a preponderance of evidence,” which is a significantly lower legal bar to clear.
- A defendant who has been convicted in a criminal case will face penalties in the way of fines and possible jail time. A defendant who is found liable in a civil case will not face criminal penalties but be required to pay money to the plaintiff to compensate for their losses or the losses of the deceased party.
A defendant may face both a civil claim and criminal charges for the same set of circumstances. Neither precludes one from the other.
Getting Experienced Legal Assistance
If you have lost a loved one due to someone else’s negligent or intentional actions, you may be entitled to file a wrongful death lawsuit. At Charlip Law Group, we are experienced with complex wrongful death claims and would be happy to assist you. Contact us at (305) 354-9313 or through our website form to schedule a free consultation to discuss a possible claim.
