What Is Considered Wrongful Death in Lakeland, Florida?
In the state of Florida, wrongful death is defined by Florida Statute 768.19 as a death caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another person or entity. In simpler terms, if your loved one would have had the legal right to file a personal injury claim had they survived, their death may qualify as wrongful under Florida law.
Wrongful death cases often arise from accidents or events that could have been prevented if someone else had acted with appropriate care. These are civil claims, not criminal cases, though a criminal case may occur alongside a wrongful death lawsuit.
At Kemp Injury Law, we’re committed to helping families in Lakeland hold negligent parties accountable while securing the compensation they need to begin moving forward.
Elements of a Wrongful Death Claim in Lakeland, Florida
To succeed in a wrongful death claim in Lakeland, certain legal elements must be clearly established. These elements are the foundation of your case and help demonstrate that your loved one’s death was both wrongful and compensable under the law.
At Kemp Injury Law, we carefully evaluate each of these components to build a strong, evidence-backed case on your behalf:
1. Death of a Human Being
This may seem obvious, but the first element requires confirmation that a person has died. The claim must involve the actual loss of life, not just injury or harm.
2. Caused by the Negligence or Misconduct of Another
You must show that the death resulted from another party’s negligence, carelessness, recklessness, or intentional actions. This could include a distracted driver, a negligent doctor, a dangerous product, or a Lakeland business that failed to maintain a safe premises.
3. Surviving Family Members Who Have Suffered Loss
There must be eligible survivors who have experienced financial or emotional harm as a result of the death. This typically includes the spouse, children, parents, or financially dependent relatives.
4. A Personal Representative to Bring the Claim
Florida law requires that a wrongful death claim be filed by the personal representative of the deceased person’s estate. This person acts on behalf of the estate and the surviving beneficiaries.
5. Damages That Can Be Recovered
The claim must clearly outline the compensable damages, such as medical and funeral expenses, lost income, loss of companionship, and emotional suffering. These damages must be supported by evidence and expert testimony where necessary.
Each of these elements must be proven with clear and convincing evidence, which is why having an experienced wrongful death attorney is so important. At Kemp Injury Law, we know what’s at stake for your family, and we’re committed to building the strongest case possible to help you achieve justice and closure.
Situations That May Qualify as Wrongful Death in Lakeland
Wrongful death claims arise when a person dies due to the negligent, reckless, or intentional actions of another party. In a growing community like Lakeland, with its mix of urban traffic, construction zones, healthcare facilities, and elder care centers, these tragic events occur more frequently than many realize. Understanding the common causes can help families recognize when they may have grounds to pursue legal action.
Common scenarios that may lead to wrongful death claims include:
- Motor Vehicle Accidents:
- Fatal car, truck, and motorcycle crashes are among the top causes of wrongful death across Polk County. In 2023, the Florida Department of Highway Safety and Motor Vehicles reported over 150 traffic-related deaths, many of which occurred in Lakeland.
- Pedestrian and Bicycle Accidents:
- Lakeland’s increased foot and bike traffic, especially near schools, shopping centers, and downtown intersections, has led to a higher risk of fatal collisions. Poor visibility, distracted driving, and a lack of pedestrian infrastructure often contribute to these tragic incidents.
- Medical Malpractice:
- When doctors or healthcare providers in Lakeland fail to diagnose a condition, make a surgical error, or prescribe the wrong medication, the result can be fatal. These complex cases often require expert medical testimony and a thorough investigation into treatment protocols and hospital policies.
- Workplace Accidents:
- Construction sites, warehouses, and industrial settings in Lakeland carry high risks of fatal injuries due to falls, equipment malfunctions, lack of safety protocols, or insufficient training. In these cases, employers or third parties may be held responsible.
- Defective or Dangerous Products:
- From defective car parts and unsafe medical devices to toxic household products, any consumer good that causes fatal harm due to poor design, manufacturing defects, or inadequate warnings may give rise to a wrongful death claim. Liability can extend to the manufacturer, distributor, or retailer.
- Nursing Home Neglect or Abuse:
- Elderly residents in assisted living facilities in Lakeland may suffer fatal injuries due to medication errors, malnutrition, falls, or physical abuse. In these heartbreaking cases, the nursing home or individual caregivers may be held accountable.
At Kemp Injury Law, we know how to uncover the facts and build a compelling case for families seeking justice. No matter the circumstances of your loved one’s passing, we are here to help you explore your legal options and pursue rightful compensation in a Lakeland wrongful death claim.
Who Can File a Wrongful Death Claim in Lakeland?
Under Florida law, a wrongful death claim can only be filed by the personal representative (also known as the executor) of the deceased person's estate. This representative may be someone named in the deceased’s last will and testament or, if there is no will, appointed by the court during the probate process. Though only the personal representative has the legal authority to bring the lawsuit, the claim is filed on behalf of the surviving family members who have suffered a loss due to the death.
Eligible Beneficiaries of a Wrongful Death Claim in Lakeland May Include:
- The Surviving Spouse: Often entitled to damages for lost companionship, emotional suffering, and financial support.
- Children of the Deceased: Both minor and adult children may be eligible for compensation, including the loss of parental guidance, emotional trauma, and financial support.
- Parents of the Deceased: If the deceased was a minor child or an adult child without a surviving spouse or children, parents may be able to recover damages for emotional pain and suffering, as well as medical or funeral expenses they paid.
- Other Blood Relatives or Adopted Siblings: If they were financially dependent on the deceased at the time of death, these individuals may also qualify to receive compensation through the estate.
Distribution of Damages
The damages recovered in a Lakeland wrongful death claim are distributed among the eligible survivors based on:
- Their relationship to the deceased
- Their level of financial or emotional dependence
- The specific damages they have personally suffered
For example, the surviving spouse may receive compensation for lost companionship, while children may be awarded damages for the loss of parental support. Funeral costs, medical expenses, and loss of income are often included in the total settlement or judgment.
Wrongful death claims in Lakeland and throughout Florida are governed by strict legal rules and time limits (generally two years from the date of death), so it’s critical to seek legal guidance quickly. At Kemp Injury Law, we work with personal representatives and families throughout Lakeland to ensure their rights are protected and that all eligible beneficiaries are accounted for in the claim.
How Can an Attorney Help With a Lakeland Wrongful Death Claim?
Losing a loved one unexpectedly is one of life’s most difficult experiences. When that loss is due to someone else's negligence, the emotional grief is compounded by financial strain and the stress of legal uncertainty. At Kemp Injury Law, we provide compassionate yet aggressive representation to help families in Lakeland and throughout Polk County pursue justice and financial recovery through wrongful death claims.
Our Lakeland team is committed to taking the burden off your shoulders and guiding you through the process with care, skill, and determination. Here's how we help:
Thorough Case Investigation
We leave no stone unturned in uncovering the truth about your loved one’s death. Our Lakeland team gathers and analyzes:
- Medical records
- Autopsy reports
- Police or accident reports
- Eyewitness statements
- Surveillance and traffic camera footage
- Safety inspection reports (in workplace or property-related cases)
Our goal is to build a comprehensive and fact-based case to establish clear liability.
Identifying All Liable Parties
Wrongful death claims can involve multiple responsible parties, depending on the circumstances. Whether the loss resulted from a reckless driver, negligent physician, employer, manufacturer, or property owner, we work to ensure:
- All avenues of liability are explored
- No at-fault party escapes accountability
- Every available source of compensation is pursued
Calculating Total Damages
Our team takes the time to evaluate both economic and non-economic losses, including:
- Medical bills and end-of-life care expenses
- Funeral and burial costs
- Loss of income and future earnings
- Pain and suffering experienced by the deceased prior to death
- Emotional trauma, loss of companionship, and support felt by surviving family members
We may work with medical experts, vocational analysts, and economists to ensure your damages are accurately valued.
Handling All Insurance and Legal Communications
Insurance companies in Lakeland may attempt to settle wrongful death cases for far less than what families are entitled to. We shield you from this pressure by:
- Taking over all negotiations with insurers
- Handling legal filings, court paperwork, and deadlines
- Ensuring your rights are fully protected from start to finish
Litigation When Necessary
While we strive to reach a favorable settlement outside of court, we never hesitate to take your case to trial when negotiations stall.
Adam Kemp and the team at Kemp Injury Law are skilled litigators who present compelling arguments backed by expert testimony and strong evidence.
Trusted Legal Support Across All Personal Injury Cases
In addition to wrongful death claims, Kemp Injury Law has extensive experience helping injured victims across a wide range of personal injury cases throughout Lakeland, including:
At Kemp Injury Law, our mission is to honor your loved one’s legacy by holding the responsible parties accountable so you and your family can begin to heal with dignity and peace of mind. No matter how your loved one was taken from you, we are here to offer compassionate guidance, aggressive advocacy, and a clear path forward.
Contact Kemp Injury Law Today for Your Lakeland Wrongful Death Claim
The death of a loved one is always devastating, but when that loss was caused by someone else’s careless or reckless behavior, it can feel even more unbearable. Grief, confusion, and unanswered questions are often accompanied by overwhelming financial burdens like funeral expenses, medical bills, and lost income. During this difficult time, you deserve compassionate legal support from a team that truly understands the weight of your loss.
At Kemp Injury Law, we’re here to help you pursue justice, accountability, and the compensation your family needs to begin healing. Florida law allows families to file a wrongful death claim, but time is limited. In most cases, you must file within two years of your loved one’s passing. Waiting too long can jeopardize your right to recover damages.
When you contact us, here’s what you can expect:
- A free, confidential consultation where we listen to your story and explain your legal rights in plain language.
- A caring, hands-on legal team that manages every aspect of the case so you can focus on mourning, healing, and rebuilding.
- Personalized attention from attorneys who will treat your case with the respect and urgency it deserves.
- Relentless advocacy against insurance companies and negligent parties who may try to deny or devalue your claim.
We proudly serve clients throughout Lakeland and Polk County, and we are committed to standing by you every step of the way. Whether your case involves a car crash, medical error, workplace accident, or another preventable tragedy, we’re here to fight for the truth and for your future.
Is There a Time Limit for Filing a Lakeland Wrongful Death Lawsuit?
A wrongful death lawsuit is a specialized type of “tort” case, referring to civil lawsuits that seek compensation for injuries to your person or property. All tort cases have a statute of limitations, meaning a time frame established by law within which the lawsuit must be initiated. In Florida, there is a two-year statute of limitations for wrongful death lawsuits, meaning the lawsuit must be filed within two years of the death to preserve the right to recover compensation. If you are unsure whether the death of a loved one was a wrongful death, consult with an experienced Lakeland wrongful death lawyer as soon as possible to ensure that you inadvertently waive your right to pursue litigation by exceeding the statute of limitations time frame.
What Compensation Might Be Available in a Lakeland Wrongful Death Case?
In the State of Florida, compensation (damages, in legal terminology) in a wrongful death lawsuit may be awarded to both the estate of the decedent and to individual survivors. The estate of the decedent may be awarded damages such as:
- Medical and funeral expenses that were paid by the estate directly.
- Lost wages, benefits, and other earnings, including the value of lost earnings that the decedent could reasonably have been expected to make if he or she had lived (future wages).
- Lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the decedent had lived.
Eligible survivors may also be entitled to damages in a Florida wrongful death lawsuit, including some or all of the following:
- Medical or funeral expenses that were paid by a survivor.
- Loss of companionship, guidance, and protection provided by the decedent.
- The value of support and services the decedent provided.
- Mental and emotional pain and suffering due to the loss of a child.
Get Reliable, Experienced Legal Help with Your Lakeland Wrongful Death Case
A wrongful death leaves a lasting impact on surviving loved ones, both emotionally and financially. While pursuing a wrongful death lawsuit cannot undo the tragedy, it can hold the negligent or wrongful party accountable and alleviate some of the financial stress on those who depended on the deceased. Whether the loss resulted from a pedestrian accident, a car crash, or another accident that may lead to wrongful death, Lakeland wrongful death lawyer Adam Kemp is dedicated to seeking justice for the survivors. Let the team at Kemp Personal Injury Law utilize their experience, resources, and dedication to hold the responsible parties accountable and help you pursue the compensation to which you are entitled for your loss.
If you are the surviving loved one of a wrongful death, contact an experienced Lakeland wrongful death lawyer at Kemp Personal Injury Law to discuss your legal options. Our mission is to ensure that survivors of a wrongful death are fully and fairly compensated by the responsible parties. Reach out to our team today for a complimentary initial consultation by calling 863-225-0254 or by filling out our convenient online contact form.
