You may have often heard attorneys advertising on the radio that you may have a wrongful death suit if a loved one has died as a result of someone else’s negligence. But those 30-second time slots can do very little to tell a person whether they have a legitimate case for wrongful death.
Florida’s Wrongful Death Act allows a person to file a lawsuit against a responsible person in a wrongful death action if they meet three specific elements: first, there must be an intentional act, negligent act, or a breach of warranty or contract. Second, the act or breach must have been the cause of the death, and third, the injury must have been such that if the decedent had lived, he or she could have hypothetically recovered in a lawsuit.
Those three elements sound simple, but they are just basic outlines. In reality, a wrongful death suit is a complicated process that courts determine on a case-by-case basis, and things are very rarely as cut and dry. If those three elements are not met right away in a wrongful death suit, the case may be thrown out before a plaintiff has any chance to take their case a jury.
As with any civil tort, a plaintiff (in wrongful death, the plaintiff is the survivor) must show a loss or injury in order to recover damages. In Florida, a survivor may recover damages for loss of support or services, mental pain and suffering, loss of companionship, or medical or funeral expenses if the survivor paid for them. Additionally, an estate may also sue based on wrongful death for loss of earnings or medical expenses.
Finally, one important thing to keep in mind: there is a statute of limitations on filing a wrongful death lawsuit. Generally, in Florida, that limit is two years from the date of the death. However, a few exceptions exist to change that timeframe and possibly extend it. A wrongful death attorney will be able to determine whether you meet the requirements upon reviewing your case, as well as determine if you meet any requirements for an exception to the statute of limitations. It is important to keep in mind that while this may sound simple, it is usually anything but.
If you feel like you have a case from wrongful death due to the loss of a loved one, please call us at 407-478-4878 to arrange a consultation and discuss your case before it’s too late.
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