Clear, straightforward answers to common questions about Florida wrongful death lawsuits to help you make informed decisions after the tragic loss of a loved one
In Florida, wrongful death lawsuits allow surviving family members to seek compensation when a loved one’s death is caused by someone else’s negligence. But navigating the legal process can be overwhelming, especially while grieving.
Who is eligible to file a claim? What types of damages can be recovered? How is compensation distributed among surviving family members? And how do you ensure you receive a fair settlement?
This article will break down these key questions and more, helping you understand your legal rights and the steps you need to take if you’re considering filing a wrongful death claim.
Have additional questions or want help navigating the process? Reach out to the experienced Tampa wrongful death lawyers at Lorenzo & Lorenzo to schedule a free consultation.
How do you sue someone for wrongful death in Florida?
Let’s start with the basics. Before you can actually file a wrongful death lawsuit, you’ll need to establish that someone was directly responsible for your loved one’s death. This involves a few key steps, ideally with the help of an attorney.
1. Establish a duty of care
First, you have to establish that the person who caused the death had a duty of care toward the deceased. This basically means they had a responsibility to act in a way that wouldn’t harm others.
Think of it like this: A driver has a duty of care to other drivers and pedestrians to follow traffic laws and drive safely. A property owner has a duty of care to people on their property to maintain a reasonably safe environment.
Proving this duty of care often depends on the specific circumstances of the death. For example, if your loved one was killed in a car accident, it might be as straightforward as showing that the other driver had a duty to follow traffic laws. If the death occurred on someone’s property, you’d need to show the property owner’s responsibility to maintain a safe environment.
2. Prove this duty was breached and it caused the death
Once you’ve established the duty of care, you have to prove they breached that duty. This means they violated their responsibility by doing something negligent—like a driver speeding or driving drunk or a property owner failing to fix a dangerous hazard that led to an accident.
Next, you need to show that their negligence directly led to your loved one’s death. Just proving they were careless isn’t enough—you have to connect their actions (or failure to act) to the accident and the resulting death.
3. Show that damages resulted from the breach
Finally, you have to show that the death resulted in damages. These are the losses suffered because of the death, such as medical expenses, funeral costs, lost income, and the emotional pain and suffering of the surviving family members.
4. File a claim
After all of this is established, the deceased’s personal representative will need to file a formal complaint with the court. This complaint should lay out all the details of the case, including who you’re suing, why you’re suing them, and what kind of compensation you’re seeking.
In most cases, the time limit to file a wrongful death lawsuit in Florida (known as the statute of limitations) is 2 years after the person’s death. Failure to file a claim within this timeframe could prevent you from recovering any compensation.
Who are the beneficiaries of wrongful death in Florida?
In Florida, wrongful death claims are filed by an attorney or the personal representative of the deceased person’s estate on behalf of certain surviving family members. The law outlines an order of priority for beneficiaries who are entitled to compensation.
1. Spouse
The surviving spouse is the first and primary beneficiary. They can seek compensation for:
- Lost financial support
- Loss of companionship and protection
- Emotional pain and suffering
2. Children
- Minor children (under 25 years old) can receive damages for lost parental guidance, emotional suffering, and financial support.
- Adult children (25 and older) can only recover damages if there is no surviving spouse and they can show they were financially dependent on the deceased.
3. Parents
Parents of the deceased may receive compensation, but eligibility depends on the circumstances:
- If the deceased was a minor child (under 25), parents can claim damages for emotional suffering.
- If the deceased was an adult (25 or older), parents can only recover damages if there are no surviving children or spouse.
4. Blood relatives and adopted siblings
If the deceased provided significant financial support to other family members—such as a dependent sibling, grandchild, or another close relative—they may be eligible for compensation. However, this is not automatic and depends on the circumstances.
Because Florida’s wrongful death laws are complex, it’s best to work with an experienced Tampa personal injury attorney to ensure all eligible family members receive the compensation they deserve.
Calculating the Cost of Your Personal Injury Claim
Learn how compensation is typically calculated in wrongful death and other Florida personal injury lawsuits.
Is there a cap on compensation for wrongful death in Florida?
No, as of 2023, Florida does not have a cap on the compensation that can be awarded in wrongful death cases.
This means there is no set limit on the compensation surviving family members can receive—damages are determined based on the specific circumstances of each case, including the financial losses and emotional suffering caused by the death.
Do you pay federal taxes on a wrongful death settlement in Florida?
In most cases, wrongful death settlements in Florida are not subject to federal taxes because the IRS considers compensation for physical injuries and death as non-taxable. This includes damages for medical expenses, funeral costs, lost income, and pain and suffering.
However, there are exceptions. For instance, interest on the settlement (if awarded) may be taxable.
It’s absolutely crucial to consult with a tax professional or a qualified attorney to determine the tax implications of your specific wrongful death settlement. Tax laws are complex, and the details of your settlement agreement will determine what is and isn’t taxable.
What defenses can be raised in a wrongful death action?
When someone files a wrongful death lawsuit in Florida, the defendant (the person or entity being sued) may try to avoid liability by raising certain legal defenses. Below are some common defenses used in wrongful death cases and how a skilled attorney can help challenge them.
The deceased was fully or partially at fault
The defendant may argue that the deceased was partially or fully responsible for their own death. Under Florida’s modified comparative negligence rule, if the deceased is found 51% or more at fault, the family cannot recover any compensation.
How an attorney fights back: A wrongful death lawyer can investigate the case, gather evidence, and present expert testimony to show that the defendant’s negligence was the primary cause of death, reducing or eliminating any blame placed on the deceased.
The defendant didn’t cause the death
The defense may argue that even if they were negligent, their actions didn’t directly cause the death—other factors (such as poor road conditions or pre-existing health conditions) were responsible.
How an attorney fights back: An attorney will use medical records, expert witnesses, and forensic evidence to directly link the defendant’s actions to the wrongful death.
Assumption of risk
If the deceased voluntarily engaged in a risky activity (such as extreme sports or skydiving), the defense may claim they knew the risks and accepted them.
How an attorney fights back: A lawyer can argue that even if the deceased was engaged in a risky activity, the defendant still had a duty to act responsibly and avoid preventable harm. An attorney can also argue that the defendant’s negligence increased the risk beyond what the deceased could have reasonably anticipated or that the deceased was not fully aware of the risks involved.
Pre-existing conditions
The defendant might argue that the deceased’s death was primarily caused by a pre-existing medical condition, not their actions.
How an attorney fights back: An attorney will work with medical experts to establish the extent to which the defendant’s actions contributed to the death, even in light of any pre-existing conditions. They will argue that the defendant’s negligence aggravated the condition or hastened the death.
Increase your chance of a successful claim with the help of an experienced Florida wrongful death attorney
Wrongful death cases are complex, and defendants (especially corporations, hospitals, or insurance companies) will use every legal tactic available to minimize or deny compensation to grieving families.
At Lorenzo & Lorenzo, our knowledgeable Tampa wrongful death attorneys know how to fight back against these tactics and build a strong case. We can handle every aspect of your claim—from filing paperwork and negotiating with insurance companies to representing you in court if necessary.
Let us handle the legal fight while you focus on your family. Contact Lorenzo & Lorenzo today for a free consultation to learn more about how we can help you get the compensation you deserve.
