Wrongful Death

What does the law say about my wrongful death case?

Arguably one of the most tragic types of negligence cases include wrongful death. A wrongful death cause of action is a negligence case where an individual caused the death of another through the negligence of their own. The death of a loved one requires specialized attention. The professionals of 305 Injury understand the importance of these cases and what is required to provide the best representation to the family of the deceased.


A cause of action for wrongful death in Florida is derived from Florida’s “Wrongful Death Act.”

Under Florida law, a wrongful death occurs when the death of a person “…is caused by the wrongful act, negligence…and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued…shall be liable for damages as specified in this act notwithstanding the death of the person injured…”

(§ 768.19, Fla. Stat.)

Only the personal representative of the decedent’s estate may file a wrongful death claim against the accused. That person is acting on behalf of the decedent’s estate and any of the decedent’s surviving family members. Careful consideration must be made in determining who shall serve as the personal representative along with who qualifies as a potential beneficiary.

(§ 768.20, Fla. Stat.)

Damages paid to the surviving family members of the decedent may include:

Loss of support and services the decedent provided to family members;
Loss of the decedent's companionship and protection;
Mental pain and suffering;
Loss of parental companionship, instruction, and guidance; and
Medical and funeral expenses that were paid by surviving family members.

Damages paid to the Decedent’s estate may include:

Lost wages, benefits, and other earnings from the date of the injury to the date of the decedent's death;
The value of earnings and benefits the decedent could reasonably have been expected to save and leave as part of the estate if the decedent had lived; and
Medical and funeral expenses that were paid directly by the estate.

(§ 768.21, Fla. Stat.)

Seeking legal advice on wrongful death can be essential for numerous reasons. Firstly, it ensures that the surviving family members understand their rights and legal options during such a challenging time. An experienced attorney can provide compassionate guidance and support while navigating the complex legal process associated with wrongful death claims.
Furthermore, a skilled attorney can advocate for fair compensation to cover various expenses, including medical bills, funeral costs, lost income, and emotional distress. Ultimately, seeking legal advice empowers the family to pursue justice and hold accountable those responsible for the wrongful death of their loved one.
The duration of a wrongful death case can vary significantly depending on various factors, including the complexity of the case, the willingness of parties to negotiate, and the court’s schedule. In straightforward cases where liability is clear and parties are cooperative, a settlement may be reached relatively quickly, sometimes within a few months to a year. 
However, more complex cases involving multiple parties, disputed liability, or significant damages may take several years to resolve, particularly if the case goes to trial. Additionally, the legal process can be prolonged by factors such as pre-trial motions, discovery, and appeals.
It’s essential for individuals involved in a wrongful death case to be patient and work closely with their attorney to navigate the legal process effectively. With Carlos you are in good hands!
Below you can find a link to my Florida Bar profile: