Wrongful Death

Wrongful Death Claims Under Florida Law

Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it. Therefore, in most cases, the action will be brought either where the wrongdoer resides or where the action causing the death, occurred.

The exception, of course, is if the person does not reside in Florida, then they action may be brought or transferred to a Federal Court. This is why it is important to select a personal injury attorney who is familiar not only with Florida courts but also Federal Courts. 

Who May Bring a Florida Wrongful Death Claim?

Florida law requires the personal representative of the deceased person’s estate to file the wrongful death claim. The personal representative may be named in the deceased person’s will or estate plan. If there is no will or estate plan, the personal representative will be appointed by the court.

Although the wrongful death claim is filed by the personal representative, it is filed on behalf of the deceased person’s estate and any surviving family members. In the wrongful death claim, the personal representative must list every survivor who has an interest in the case.

Family members who may recover damages in a Florida wrongful death case include:

• Spouse
• Child
• Parent
• Dependent blood relatives
• Child born outside of wedlock of the mother or father (if it can be established that said father has assumed responsibility for support of the child)

Florida Law limits the time these lawsuits can be filed This is called the statute of limitations. A wrongful death lawsuit in Florida must be filed within two years of the date of death in most cases, according to Florida Statutes section 95.11(4)(d). The deadline may be “tolled,” or postponed, under a few very specific circumstances.  Law Offices of Alan Anchell, have the experience in handling Florida wrongful death cases and can help you determine exactly when the statute of limitations expires in a certain case.

It’s critical to understand and follow the deadline set by the statute of limitations, otherwise you could lose your right to bring your wrongful death lawsuit to court forever!