What Is Considered Wrongful Death in Florida?
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:
- Distracted driving (e.g., texting or using a GPS while driving)
- Driving under the influence of drugs or alcohol
- Speeding or reckless driving
- Failure to yield, running red lights, or disobeying traffic signals
- Commercial truck driver negligence or company oversight
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:
- Misdiagnosis or delayed diagnosis of a serious condition
- Surgical errors or operating on the wrong body part
- Birth injuries that result in fatal harm to a child or mother
- Prescribing the wrong medication or dosage
- Failure to monitor a patient during surgery or post-op recovery
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:
- Defective vehicle parts, such as airbags, brakes, or tires
- Dangerous pharmaceutical drugs or medical devices
- Faulty industrial machinery
- Unsafe household appliances or electronics
- Contaminated food products
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:
- Construction site accidents due to improper safety procedures
- Electrocution or machinery-related fatalities
- Falls from heights, scaffolding collapses, or trench cave-ins
- Exposure to hazardous chemicals or toxic substances
- Lack of personal protective equipment (PPE)
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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.
Who Is Entitled to File a Wrongful Death Lawsuit in Florida?
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:
- Initiate and manage the wrongful death lawsuit
- Act in the best interest of the estate and all beneficiaries
- Ensure any recovery is distributed according to Florida law
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:
- Loss of companionship and protection
- Mental pain and suffering from the date of the injury
- Loss of support and services provided by the deceased
- Funeral expenses, if paid by the spouse
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:
- Lost parental companionship, instruction, and guidance
- Mental pain and suffering from the date of the injury
- Loss of financial support and future income
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
- Parents of a deceased minor child may recover compensation for mental pain and suffering caused by the death of their child.
- Parents of an adult child may also recover if there is no surviving spouse or children, although recovery is generally limited to emotional losses and, in some cases, loss of support.
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.
How Long Do You Have to File a Wrongful Death Claim in Florida?
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.
How Can a Lawyer Help With Your Wrongful Death Claim?
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:
- Conducting a Thorough Investigation: Gathering evidence, interviewing witnesses, and consulting experts to establish liability.
- Calculating Damages: Assessing the full extent of losses, including medical expenses, funeral costs, lost income, and non-economic damages like pain and suffering.
- Negotiating with Insurance Companies: Handling communications with insurers to advocate for a fair settlement that reflects the true value of your claim.
- Representing You in Court: If a fair settlement cannot be reached, preparing and presenting a compelling case before a judge or jury.
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.
Contact Kemp Injury Law Today for Your Wrongful Death Claim
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.
How Long Do I Have to File a Winter Haven Wrongful Death Lawsuit?
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.
What Compensation Might Be Available in a Winter Haven Wrongful Death Case?
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:
- Medical and funeral expenses that were paid directly by the estate.
- Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived.
- 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.
Damages awarded to the survivors may include:
- Medical or funeral expenses any surviving family member has paid for the deceased person.
- Loss of companionship, guidance, and protection provided by the deceased person.
- The value of support and services the deceased person provided to the surviving family member.
- Mental and emotional pain and suffering due to the loss of a child.
Get Reliable, Experienced Legal Help with Your Winter Haven Wrongful Death Case
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 863-225-0254 or by filling out our convenient online contact form.
