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Navigating A Wrongful Death Action Under FL State Law

Read this article if you:

  • Need to know what wrongful death action is.
  • Want to know the leading causes of wrongful death in the U.S.
  • How damages in a wrongful death are determined.

What Is A Wrongful Death Action Under Florida Law?

Under the wrongful death action statute of Florida, a wrongful death occurs when a person dies as a result of someone else’s negligence, wrongful act, or violation of a contract or warranty. A victim’s family member, by and through the personal representative of the estate, may bring a civil suit for wrongful death in Florida and recover monetary damages for the survivors and the estate.

What Are The Most Common Causes Of A Wrongful Death?

The leading causes of wrongful death in the U.S. are:

  • Auto accidents;
  • Truck accidents;
  • Bicycle accidents;
  • Medical malpractice;
  • Defective products;
  • Work-related and construction accidents;
  • Criminal acts.

What Are The Main Elements Of A Wrongful Death Case?

The several elements of a wrongful death case include:

  • Death of a person;
  • Negligence. In wrongful death cases, we must prove the death of the victim was caused either in part or whole by the carelessness, recklessness, or by the negligent actions of the defendant;
  • Statutory Survivor;
  • Damages.

How Are Damages Determined In A Wrongful Death Case?

A jury determines the amount of damages in a wrongful death case. The damages may include the decedent’s losses from the time of injury until the time of death, economic losses (wages or earnings) the decedent would have provided until their retirement, loss of services the decedent can no longer provide, medical, funeral, and burial expenses, loss of accumulated estate value, and mental pain and suffering.

How Long Do I Have To File A Wrongful Death Lawsuit In FL?

The State of Florida allows for wrongful death lawsuits to be filed within two years of the date of death. There are a few exceptions to this, however. Talking with a lawyer is a great way to find out if your case is eligible for one of these exceptions.

For more information on Wrongful Death Action Under FL State Law, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (904) 351-0945 today.

Stephen A. Smith, Esq.

Call For a Free Consultation
(904) 351-0945 | Available 24/7

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