If You Have Recently Lost a Family Member and You Believe that Another Person or Entity Caused, or Contributed to,

the Death of Your Loved One, as a Survivor, You Should Be Aware of Your Legal Options and Should Have a Basic Understanding of

How a Wrongful Death Lawsuit Works in Florida

UNDERSTANDING A WRONGFUL

DEATH LAWSUIT IN FLORIDA

AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

When a loved one dies, the grief often seems unbearable. If the death was

a wrongful death, the sense of loss is even more profound because the

death may have been preventable. If you have recently lost a family

member and you believe that another person or entity caused, or

contributed to, the death of your loved one, it is imperative that you

consult with an experienced Florida wrongful death attorney as soon as

possible.

Clearly, no amount of compensation can make up for your loss; however,

as a survivor you should be aware of your legal options and should have a

basic understanding of how a wrongful death lawsuit works in Florida.

WHAT IS A WRONGFUL DEATH IN FLORIDA?

In the State of Florida, the definition of a “wrongful death” is found in

the state’s Wrongful Death Act. According to the Act, a wrongful

death is one that is caused by a “wrongful act, negligence, default, or

breach of contract or warranty.” In other words, a wrongful death

can be the result of:

An intentional act – imagine a bar fight. The defendant engages in

an intentional act of assault with another patron. The fight goes too

far and the defendant lands a fatal blow to the victim. While this may

lead to criminal charges as well, it is certainly the basis for a civil

wrongful death lawsuit based on intentional conduct.

A negligent act–a doctor who makes a medical error is a good

example of negligent conduct leading to a wrongful death. Assume

that a doctor mistakenly leaves a foreign object (a sponge for

example) in a victim’s surgical incision and the foreign object causes

the victim to suffer from a fatal infection. That error would likely be

considered to be negligent conduct and. Therefore, form the basis of

a wrongful death lawsuit.

Strict liability–sometimes the law makes a defendant responsible

for injuries regardless of any efforts on the part of the defendant to

prevent injury. Dog attacks, for example, are often strict liability torts

by state statute. In this case, the law, essentially by default, makes

the dog’s owner responsible and culpable for a wrongful death that

stems from a dog bite.

WHO CAN PURSUE A WRONGFUL DEATH LAWSUIT?

Although a wrongful death

lawsuit cannot turn back

the clock and prevent the

loss of your loved one it

can accomplish two

important things. First, it

can provide financially for

you and your family,

something your loved one

would undoubtedly want to

occur. Second, it holds the

wrongdoer legally responsible for the wrongful conduct that lead to, or

contributed to, your loss.

In Florida, there are actually two parts to a wrongful death lawsuit because

both the decedent’s estate and survivors of the decedent may be entitled

to compensation. Therefore, the personal representative of the decedent’s

estate, usually the executor of the decedent’s Last Will and Testament,

may pursue compensation on behalf of the estate. In addition, certain

survivors of the decedent may also pursue compensation, including:

The decedent’s spouse

The decedent’s children (although minor children, defined as those

under the age of 25, are entitled to higher damages)

The decedent’s parents

When they were at least partially dependent on the decedent for support

or services, blood relatives including adoptive brothers and sisters.

WHAT COMPENSATION IS AVAILABLE IN A WRONGFUL

DEATH LAWSUIT?

In a Florida wrongful death lawsuit there are actually two separate

categories of compensation available because both the estate and the

survivors may pursue compensation. The estate of the decedent may be

entitled to the following types of compensation:

Loss of Net Accumulations

Decedent’s Lost Earnings

Decedent’s Medical And Funeral Expenses

The survivors in a Florida wrongful death lawsuit may also be entitled to

the following compensatory damages:

Mental pain and suffering

Lost support and services of the decedent

Loss of the companionship and protection of the decedent

Medical or funeral expenses if the survivor paid them

Lost parental companionship, instruction, and guidance if the survivor

is a child

The aforementioned damages are compensatory in nature, meaning that

they are intended to compensate the survivors or the estate for actual

damages suffered. If the defendant’s conduct was particularly egregious,

punitive damages could be awarded.

Because punitive damages are intended to punish the defendant and

discourage others from engaging in the same conduct, they are only

available if the defendant’s intentional, reckless, or grossly negligent

actions resulted in a wrongful death.

Because of the wide variety of factors that go into determining the value of

a Florida wrongful death case, it is always best to consult with an

experienced Florida wrongful death attorney who can evaluate the unique

facts and circumstances of your case. Moreover, because the law limits the

amount of time a survivor has to pursue compensation in a Florida

wrongful death case, it is best to consult with a wrongful death attorney as

soon as you suspect that the death of a loved one was caused by wrongful

conduct.

Florida Statutes, 768.18

Florida Statutes, 766.118

Lexis Nexis, Florida High Court Strikes Down Statutory Caps on Medical

Malpractice Noneconomic Damages in Wrongful Death Lawsuits

ABOUT THE AUTHORS

Amanda Powers Sellers

Florida criminal defense lawyer, Amanda Powers Sellers,

has aggressively defended thousands of Florida criminal

cases. With over nine years of criminal jury trial

experience, she has the necessary background to represent

cases ranging from Driving under the Influence (DUI) to

First Degree Murder.

Amanda is a seasoned litigator and an aggressive negotiator. With a wealth

of experience she has proven that her gentle, but aggressive style of criminal

defense litigation consistently achieves results for her clients.

Jenna C. Finkelstein

Florida criminal defense attorney, Jenna Finkelstein, has

over sixty (60) criminal jury trials to her credit. Her

experience defending individuals charged with crimes in

the state of Florida ranges from domestic battery to DUI

Manslaughter, Sexual Battery, First Degree Murder and all

crimes in between.

She is passionate about the law and promises personal attention to all of her

clients and their individual needs. Jenna is a seasoned trial attorney who

knows the legal system and its players. Jenna and her team at the Law Offices

of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.

Powers Sellers & Finkelstein, PLC 6344 Roosevelt Blvd. Suite B

Clearwater, FL 33760 727-531-2926

http://psffirm.com