If you have recently lost a loved one due to the negligence, carelessness, or recklessness of another person or business, you may be wondering about your legal rights to pursue a claim for damages against the responsible party under Florida law. Lawsuits arising from such circumstances are called wrongful death cases and are governed by the Florida Wrongful Death Act, Florida Statutes § 768.16 et seq., and other applicable laws.
When a family suffers the wrongful death of a loved one, there must first be a showing of wrongdoing by the defendant against whom the family seeks to recover. This involves a showing of negligence, a four-step test that requires proof of a duty, breach of duty, damages, and causation. Depending on the type of accident that led to the loved one’s death, there may be other elements that must be proven, but this four-prong test is at the heart of any personal injury lawsuit, including wrongful death actions.
Damages Available to Survivors under the Florida Wrongful Death Act
Once negligence is established, the question becomes the amount of damages that it will take to fully compensate the aggrieved party. In a wrongful death lawsuit, there are two types of damages that may be available. The first class of damages is those to which survivors of the deceased person may be entitled. The Act defines “survivors” as the spouse, children, parents, and, in some situations, other relatives who may have been dependent upon the deceased person for support or services. Children born outside of marriage are recognized by the Act as being the “child” of their biological mother but may not be considered the “child” of their father unless he had recognized a legal responsibility to provide support.
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