Wrongful death cases in the civil context are cases where someone dies as a result of the negligence of a third party. If the death stems from an intentional tort like battery, it involves the harmful or offensive touching of another person.
Wrongful death vs personal injury
Wrongful death is essentially a personal injury case where the person dies, meaning the foundational legal elements are the same: duty, breach, causation, and damages. The primary difference lies in how damages are calculated and distributed, since the injured individual is no longer here to collect.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, the personal representative of the decedent’s estate is the individual who technically files the lawsuit. The estate itself is entitled to recover specific damages such as funeral and burial expenses. If there is a dispute over who should serve as the personal representative, that matter must be resolved in probate court before moving forward with the civil case.
Who Receives Wrongful Death Damages?
While the estate recovers certain expenses, the largest components of a settlement or verdict typically come from the individual claims of survivors. To build a strong case, identifying eligible survivors is crucial. Most common members of this category:
- Spouses
- Children
- Mothers and fathers
- Minor siblings in certain circumstances
Wrongful Death Survivor Claims in Florida
Survivors are legally entitled to seek compensation for past and future pain and suffering that results from the wrongful death of their family member in Florida. Because these individual human losses are so profound, survivor claims frequently drive the significant financial outcomes associated with wrongful death lawsuits.