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Losing a loved one is an indescribable tragedy, especially when their death results from someone else's negligence or wrongful actions. At Kemp Injury Law, we understand the profound impact such a loss can have on families in Winter Haven, Florida. The unexpected loss of a family member brings not only emotional turmoil but also financial challenges. Pursuing a wrongful death claim can be a crucial step toward alleviating some of these burdens.
At Kemp Injury Law, we specialize in representing families in Winter Haven who have lost loved ones due to the negligent or intentional acts of others. Our experienced attorneys are here to guide you through every stage of the legal process with empathy and dedication. For more information about how Adam Kemp and the team at Kemp Injury Law can help you through your wrongful death claim, contact us today and schedule your free consultation.
In the state of Florida, a wrongful death is defined under the Florida Wrongful Death Act (Florida Statutes § 768.16–768.26) as a death caused by the “wrongful act, negligence, default, or breach of contract or warranty of any person or entity.” In simpler terms, if the deceased person would have had the right to file a personal injury lawsuit had they survived, then their family or estate may pursue a wrongful death claim on their behalf.
Wrongful death claims are civil lawsuits, which means they are designed to hold the responsible party financially accountable, not criminally. However, a wrongful death case may arise from the same set of facts that gives rise to a criminal case (for example, DUI manslaughter or homicide).
When Does a Wrongful Death Occur?
A wrongful death may occur in nearly any situation where another party’s careless or intentional behavior results in fatal consequences. Some of the most common scenarios that lead to wrongful death lawsuits in Winter Haven and throughout Florida include:
Automobile Accidents
Car, truck, motorcycle, bicycle, and pedestrian accidents are some of the most common sources of wrongful death claims in Florida. Fatalities may be caused by:
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), more than 3,000 people died in traffic crashes in Florida in 2023. When negligence behind the wheel leads to death, the at-fault driver or even their employer may be held responsible.
Medical Malpractice
When doctors, nurses, or healthcare institutions make preventable mistakes that result in the death of a patient, surviving family members may have grounds for a wrongful death claim.
Examples of medical malpractice that may lead to wrongful death include:
Medical professionals in Florida owe their patients a duty of care. When they breach that duty and a life is lost as a result, they can be held civilly liable.
Defective or Dangerous Products
Manufacturers, designers, and distributors have a legal obligation to ensure that the products they put on the market are safe for consumer use. When they fail to meet this obligation, and a defective product causes a fatal injury, a wrongful death claim may be filed under product liability laws.
Common examples include:
Wrongful death cases involving defective products often require technical investigation and expert testimony to establish how the product failed and who is responsible in the chain of distribution.
Workplace Accidents
While workers’ compensation generally covers workplace injuries, a wrongful death claim may still be appropriate if a third party (not the employer) was responsible for the fatal incident or if gross negligence was involved.
Work-related wrongful death scenarios can include:
According to the U.S. Bureau of Labor Statistics, there were over 300 fatal occupational injuries in Florida in 2023, many of which occurred in high-risk industries like construction, transportation, and warehousing. These deaths may give rise to a wrongful death claim in addition to any available workers’ compensation benefits.
Intentional Acts of Violence
Although many wrongful death cases arise from negligence, a claim can also stem from intentional acts, such as assault, battery, or homicide. Even if the offender is being prosecuted in criminal court, the deceased’s family may still pursue a separate civil claim for monetary damages.
A wrongful death claim has a lower burden of proof than a criminal case, meaning the family may still recover compensation even if the defendant is not convicted. Whether you have lost a loved one due to medical malpractice or a workplace accident, our team is here to help when another party’s negligence leads to their death. Call Kemp Injury Law today to discuss your case.
In Florida, the right to pursue a wrongful death lawsuit is governed by the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26). Unlike in some states where surviving family members can file suit individually, Florida law requires that a personal representative, also known as the executor, file the wrongful death claim on behalf of the estate and surviving beneficiaries.
This structure ensures that damages are fairly distributed among eligible parties, but it also makes it critically important to understand who can file the claim and who is entitled to recover damages.
Who Is the Personal Representative?
The personal representative is typically appointed in the deceased person’s will or estate plan, or by the probate court if no representative was named. This individual has the legal authority and responsibility to:
If no estate has been opened at the time of death, the representative must open one through the probate court before filing the claim.
Who Can Recover Damages in a Florida Wrongful Death Case?
The Florida Wrongful Death Act outlines who qualifies as a “survivor” for the purposes of recovering damages. Each survivor may be entitled to different types of compensation depending on their relationship to the deceased and their level of dependence. The following individuals may recover:
Surviving Spouse
The surviving husband or wife is often the primary beneficiary in a wrongful death case. The law allows the spouse to recover compensation for:
The emotional loss of a partner is often profound, and Florida law recognizes the importance of compensating surviving spouses for their ongoing emotional and financial suffering.
Children of the Deceased
Minor children, defined as those under the age of 25, and all children if there is no surviving spouse may recover for:
Adult children may not recover non-economic damages if the deceased is survived by a spouse, but they may still recover for lost support or services under specific circumstances.
Parents of the Deceased
Losing a child, no matter their age, is one of the most painful experiences a parent can endure. Florida law allows grieving parents to seek justice and accountability when a child’s death was preventable.
Other Dependents and Relatives
Florida law also allows recovery for other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased person for support or services at the time of death. These claims are less common but can be vital in cases where elderly relatives, disabled family members, or long-term dependents relied on the decedent’s care.
If you have lost a loved one in Winter Haven and have questions about pursuing a wrongful death lawsuit, our team is here to help. Call us today to learn more about how we can help you get the process started.
Florida law imposes a statute of limitations on wrongful death claims, requiring that they be filed within two years from the date of death. Failing to file within this timeframe typically results in the loss of the right to pursue compensation. However, certain circumstances may alter this deadline, such as cases involving homicide or manslaughter, where the statute of limitations may be extended. Consulting with a knowledgeable attorney promptly can help ensure compliance with all legal deadlines.
Losing a family member is a highly emotional experience for many. After losing a loved one, even the thought of pursuing legal action can be deeply stressful and overwhelming. Our team is here to guide clients through the challenging process of a wrongful death claim, standing by their side every step of the way as we tirelessly fight to pursue the maximum compensation available. An experienced Winter Haven wrongful death attorney like Adam Kemp can provide invaluable assistance by:
Having a dedicated legal advocate can alleviate some of the burdens during this difficult time and increase the likelihood of a favorable outcome.
Our team proudly serves those living in Winter Haven and throughout Polk County, handling wrongful death claims and other personal injury cases such as:
We take great pride in standing by injured victims and their families after an accident in Winter Haven. When another person’s negligence causes you harm or results in the loss of a loved one, the team at Kemp Injury Law is here to provide compassionate and winning legal support. For more information about how our team can help guide you through these difficult times, contact us today and schedule a free consultation.
If you have lost a loved one due to someone else's negligence or wrongful actions in Winter Haven, Florida, Kemp Injury Law is here to support you. Our compassionate and experienced team will work tirelessly to hold the responsible parties accountable and secure the compensation you and your family need to begin healing.
We understand the profound impact that the loss of a loved one can have on a family, both emotionally and financially. That’s why we work closely with our clients, providing genuine help and support that extends beyond litigation. We proudly serve families in Winter Haven and beyond who have lost a loved one due to another party’s negligence.
Come see why injured victims and their families in Winter Haven have continued to turn to Kemp Injury Law for personalized legal help after an accident. We offer our clients the care and customer service of a smaller firm while providing the expertise and resources of a larger one.
Contact us today for a free consultation to discuss your case and learn how we can assist you in your Winter Haven wrongful death claim.
Related: What Family Members Can File a Wrongful Death Claim in Florida?
All personal injury lawsuits, including wrongful death cases, are governed by a statute of limitations. A statute of limitations established the time frame within which litigation must be initiated. The lawsuit does not need to be resolved within the applicable statute of limitations, but it must be filed. In the State of Florida, the statute of limitations for a wrongful death lawsuit is usually just two years from the date of death. This is one of the many reasons why you should consult with an experienced Winter Haven wrongful death lawyer immediately if you suspect that the death of a loved one was preventable.
Because the personal representative of the decedent’s estate is responsible for filing a wrongful death lawsuit in Florida, damages (compensation) awarded in a wrongful death lawsuit may be awarded to the estate and/or to eligible survivors. Damages awarded to the estate may include:
Damages awarded to the survivors may include:
A wrongful death impacts the surviving loved ones for the rest of their lives. The emotional and financial toll it takes on survivors can be catastrophic. Pursuing a wrongful death lawsuit cannot turn back the clock and prevent the death from happening, but it can hold the negligent or wrongful party (or parties) legally responsible. Whether the loss resulted from a pedestrian accident or another act of negligence, seeking legal action can also relieve some of the stress felt by surviving loved ones who depended on the decedent for financial support.
Winter Haven wrongful death lawyer Adam Kemp is devoted to pursuing justice for the survivors of a wrongful death. We understand the unbearable grief you are experiencing. Let the caring and compassionate team at Kemp Personal Injury Law use their experience, resources, and dedication to ensure that the responsible party (or parties) is held accountable and that you receive the maximum compensation possible for your loss.
If you believe that the death of a loved one was preventable, contact an experienced Winter Haven wrongful death lawyer at Kemp Personal Injury Law to discuss your legal options. It is our mission to make sure that surviving loved ones of a preventable death are fully and fairly compensated by the responsible party or parties. Contact the team today for your free initial consultation by calling 863-694-0328 or by filling out our convenient online contact form.
In 2026, who counts as a “survivor” under Florida’s wrongful death law?
Florida’s statute defines “survivors” to include the decedent’s spouse, children, and parents, and it can also include certain other relatives (including adoptive siblings) when they were partly or wholly dependent on the decedent for support or services. The definition also includes specific rules for children born out of wedlock.
What qualifies as a wrongful death case in Winter Haven, Florida?
A wrongful death case occurs when a person dies due to another party’s negligence, recklessness, or intentional actions. Common causes include car accidents, medical malpractice, workplace accidents, and defective products. In Florida, immediate family members, such as spouses, children, or parents, may file a wrongful death claim. The claim seeks compensation for damages like medical expenses, lost financial support, and emotional suffering. A wrongful death attorney can help determine if your case meets the legal requirements and guide you through the claims process.
How long do I have to file a wrongful death lawsuit in Florida?
The statute of limitations for filing a wrongful death lawsuit in Florida is typically two years from the date of death. However, exceptions may apply, such as cases involving medical malpractice or government entities, which may have different deadlines. Failing to file within the statute of limitations may result in losing the right to seek compensation. Since gathering evidence and building a strong case takes time, it is crucial to consult an attorney as soon as possible. A wrongful death attorney can help ensure all legal deadlines are met and that the case is properly filed.
How are wrongful death damages divided among family members in Florida?
In Florida, wrongful death damages are distributed based on the relationship to the deceased. Surviving spouses, children, and sometimes parents may all have rights to compensation. The court will allocate damages according to loss of support, companionship, and financial dependence. This ensures that family members most impacted by the death receive fair consideration. An attorney can explain how Florida’s wrongful death statutes apply in your unique situation. Proper legal guidance helps avoid disputes during the distribution process.
Can wrongful death claims include emotional suffering?
Yes, survivors can pursue compensation for emotional suffering in wrongful death cases. This includes grief, loss of companionship, and the emotional toll of losing a loved one. Florida law specifically allows spouses, children, and parents to recover for these intangible damages. While difficult to quantify, testimony and expert input can help establish the depth of loss. Emotional damages are often a major component of wrongful death settlements. An experienced lawyer will fight to ensure these non-economic harms are properly valued.
What happens if the deceased had pending personal injury claims?
If the victim had an active personal injury claim at the time of their death, it may be converted into a wrongful death claim. The personal representative of the estate can continue pursuing compensation on behalf of survivors. This ensures that both economic and non-economic losses are addressed. The transition from personal injury to wrongful death requires careful legal handling. A wrongful death lawyer ensures no claims are lost during this shift. This allows families to seek justice fully, even if litigation began before the death.
How can an attorney help with a wrongful death claim in Winter Haven?
A wrongful death attorney can handle all aspects of your case, from investigating the cause of death to negotiating with insurance companies and presenting evidence in court. They work to prove negligence or misconduct by gathering witness statements, medical records, accident reports, and expert testimony. Insurance companies often try to minimize payouts, but an attorney can advocate for fair compensation to cover financial losses and emotional suffering. If a settlement cannot be reached, they can take the case to trial to seek justice. To discuss your case and legal options, contact us for a free consultation.
