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Losing a loved one is a traumatic event with lifelong consequences. Nothing can replace a lost spouse, child, or parent. However, a wrongful death case can help you hold responsible parties accountable. Understanding your legal rights starts with a firm foundation in wrongful death laws and cases in Florida. Our insurance attorneys and accident lawyers will stand by your side and help you seek justice for your loved one. The Morgan Law Group is here for you, starting with this guide to wrongful death in Florida.
What Is Wrongful Death?
There are two types of lawsuits, civil and criminal. Wrongful death falls under civil law and involves legal action taken against those responsible for a wrongful death. If your loved one died due to the negligence or purposeful actions of another, you can seek monetary damages against the responsible party. An experienced wrongful death attorney can help you win your case in civil court.
The roots of wrongful death law start in early American history. At one time, the right to sue for wrongful death died with the individual. Surviving family members had no legal recourse to seek justice against the responsible party. However, that all changed with the evolution of modern law. Now, the estate of the deceased can take individuals and companies to court on behalf of a deceased loved one.
Wrongful death lawsuits are torts, meaning they do not involve criminal penalties. Instead, family members can receive financial compensation for their loss. Wrongful death is not the same as murder. Murder and manslaughter are criminal acts requiring state and federal courts to convict an individual. That’s not the case with wrongful death actions.
The standard of evidence for wrongful death is lower, increasing the likelihood of a successful outcome. Our personal injury attorneys can help you show that the plaintiff was most likely at fault for the wrongful death. In other words, even if someone was found not guilty of murder, they could end up losing a wrongful death case.
Wrongful Death Statute in Florida
Florida has a statute that describes how survivors can sue responsible individuals for the death of a loved one. The Florida Wrongful Death Act is found in Section 768.19 of the state’s legal code.
According to the law, any death caused by negligence, wrongdoing, or breach of contract may qualify as a wrongful death. If the death would not have occurred under different circumstances, the survivors have a right to pursue damages in civil court.
You may wonder whether you should sue for a wrongful death. Our team will give you the advice and guidance needed to help you make that decision.
Should You Sue for Wrongful Death?
To sue for wrongful death, you have to qualify as an eligible survivor. Who can sue for wrongful death in Florida?
- Spouses
- Parents
- Children
- Estate of the deceased
- Brothers and sisters
If you meet this criterion, you should also consider potential damages prior to filing a wrongful death suit. Our personal injury attorneys can help you estimate potential damages.
What Damages Are Available?
When you’re reeling with grief, it’s impossible to quantify your loss. However, under the law, you can seek damages under several categories, such as:
- Loss of support
- Funeral costs
- Lost earnings (if loved one was primary breadwinner)
- Pain and suffering
- Medical expenses
The court may also award damages for loss of companionship. In a civil wrongful death suit, more than one survivor can receive money from the person or entity responsible for the death. For example, children/stepchildren and spouses may receive separate awards.
What Are Common Causes of Wrongful Death in Florida?
Wrongful death claims can result from many types of events, including auto accidents and medical malpractice. Other types of wrongful deaths include:
- Unsafe working conditions
- Unsafe commercial and residential properties
- Dangerous products
- Accidental drowning or poisoning
- Professional negligence
- Faulty amusement park equipment
You can hold the responsible person accountable for the death of someone you loved. If there’s more than one responsible party, such as a doctor and hospital, the case will require finesse and diligence. Reach out to one of our wrongful death lawyers for help filing a claim.
Role of a Wrongful Death Attorney in Florida
With the help of a wrongful death attorney in Florida, your family can navigate the legal avenues involved in a wrongful death lawsuit. Our professionals know the applicable laws and statutes and can help you understand your rights. More importantly, our team will tailor your representation to your specific circumstances.
Our accident attorneys guide you through the legal landscape and conduct the necessary investigation to file a civil lawsuit. This may include obtaining medical records, police reports, workplace documentation, and other records that can help you establish wrongful death.
In some cases, wrongful death attorneys secure millions of dollars for clients. Besides obtaining compensation, you’ll receive the satisfaction of knowing responsible parties were held accountable for their actions. Additionally, civil court cases allow you to receive compensation for your mental and emotional pain as well as financial losses associated with the death.
Consult a Proven Florida Wrongful Death Attorney
There is a well-established case history of wrongful deaths in Florida. Our team will establish the circumstances leading up to the loss of your loved one. We will then carefully link the wrongful death to the responsible individual or organization. You don’t have to understand the legal intricacies involved in conducting a civil lawsuit. Our compassionate professionals will speak to you using everyday language.
Our team understands that you need time and space to mourn your loved one. Leave the legal matters to our skilled personal injury lawyers. One of our experienced Florida wrongful death attorneys can help you receive justice and compensation while you grieve and recover. You don’t have to put down a retainer or pay upfront. If you don’t win your case, we don’t get paid.
Have you lost someone important to you due to negligence? Reach out to The Morgan Law Group today to schedule a free consultation today.
