Sarasota Wrongful Death Lawyers
Losing a loved one is devastating, even more so when it’s due to someone else’s negligent or intentional actions. While money does not make up for your loss, Florida’s Wrongful Death Act allows certain persons to bring a lawsuit on behalf of the deceased to seek compensation for medical bills, lost income and earning capacity, funeral or burial expenses, pain and suffering, loss of companionship, and (in certain cases) punitive damages. These claims must be filed by the personal representative of the deceased’s estate on behalf of the eligible survivors, such as a spouse, children, parents, or other designated persons. While exceptions exist, a Florida wrongful death lawsuit must be filed within two years from the date of death.
To better understand Florida wrongful death lawsuits, read on for details on who can file, what damages you can seek compensation for, statutory deadlines, and how Dannheisser Injury Law’s 30+ years of wrongful death lawsuit experience can help you navigate this complex legal process. As always, you can contact our Sarasota wrongful death lawyers today for a free, confidential consultation and case review via our website or at 941-365-7600.
Why Wrongful Death Experience Matters.
As you can see, there is a lot that goes into managing wrongful death litigation. Arguably, the most of any practice area of personal injury law. There are multiple courts to deal with (probate and civil court). Wrongful death cases often have multiple defendants, insurance companies, and defense attorneys. They typically have multiple expert witnesses from accident reconstructionists to medical experts to economic experts for loss of future income. Finally, they are most likely of all personal injury practice areas to go to trial. Having an attorney with experience in wrongful death is critical to ensuring you receive the best outcome in the most timely manner. At Dannheisser Injury Law, we have over 30 years of experience handling these exact types of cases. Our founder Dan Dannheisser has been a Florida barred attorney for nearly 50 years and has managed wrongful death lawsuits nearly the entire time.
Navigating the wrongful death legal process is not easy, but we have done it many times before. Whether or not you choose Dannheisser Injury Law for your wrongful death case, choose someone with experience.
Who Can File a Wrongful Death Lawsuit in Florida.
According to Fla. Stat. § 768.20, wrongful death lawsuits in Florida must be filed by the personal representative of the estate of the deceased for the benefit of the deceased’s survivors and estate. The personal representative may either be appointed via the deceased’s will or, in the case where there is no will, by a probate court. For wrongful death litigation, survivors means the decedent’s spouse, children, parents, and “when partially or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters” (Fla. Stat. § 768.18).
Fla. Stat. § 768.19 provides the right for the personal representative to bring a wrongful death action on behalf of the survivors “when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person…and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued…”
Common Causes of Wrongful Death Claims.
Wrongful death lawsuits arise from many types of preventable tragedies, including but not limited to:
- Motor vehicle accidents (cars, trucks, motorcycles, pedestrians) in which the the driver, passenger or pedestrian passes away in an auto wreck
- Nursing home abuse or neglect where a loved elder dies resulting from a fall, bedsores, medication errors, dehydration, or other injuries at a nursing home or assisted living facility
- Medical malpractice such as errors with surgery, medication, anesthesia, emergency room protocols, ambulance, and more
- Workplace accidents where a worker gets hurt on the job and passes away as a result of those injuries
- Defective or dangerous products that cause the death of a loved one
Thousands of wrongful death lawsuits are filed every year in Florida, with over 3,000 of them attributed to fatal motor vehicle accidents in 2023 alone.
Wrongful Death Statute of Limitations.
According to Fla. Stat. § 95(5)(e), the personal representative of the estate of the deceased has two years from the date of the death to file a lawsuit on behalf of the decedent’s survivors, with some exceptions. Failing to file a lawsuit within the two year wrongful death statute of limitations may completely prevent you from seeking compensation for the loss of your loved one.
The exceptions to the two year wrongful death statute of limitations include:
- Medical malpractice: Fla. Stat. § 95(5)(c) provides for an exception to the two year statute of limitations by stating, “…or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence” and places a cap of 4 years to bring a lawsuit for medical malpractice. This exception is important as issues with medical treatment may not be discovered for some period of time after the medical treatment has occurred.
- Homicide: under Fla. Stat. § 95(11), the two year statute of limitations for wrongful death claims does not apply and a claim can be brought at any time. No arrest, filing of formal criminal charges, or conviction for a violation is required to extend the statute of limitations for filing a civil wrongful death action.
Although you have two years to file a wrongful death lawsuit in Florida, it is advisable to act much quicker. The longer you wait, the more difficult it becomes to gather evidence and witness testimony. Some evidence, such as footage from surveillance and traffic cameras, may disappear entirely. Witnesses become more difficult to find or have trouble recalling events accurately.
Contact one of our Sarasota wrongful death lawyers today so we can start our investigation now and send letters of preservation of evidence to all potential evidence holders.
Damages Available in a Wrongful Death Lawsuit.
Damages for wrongful death lawsuits is governed by Fla. Stat. § 768.21. Lawsuits for wrongful death commonly seek the following compensation for economic damages, non-economic damages, and punitive damages:
Economic Damages: direct monetary losses the deceased and deceased’s family has suffered due to the wrongful death, including:
- Medical expenses: reimbursement for medical treatment related to the act that caused the wrongful death, such as hospital bills, physician services, radiology, EMS/ambulance services, anesthesiology, pharmaceutical charges, and more.
- Lost wages: the income the deceased would have received between the time of the incident and the deceased’s death, including interest
- Loss of future income: the income and benefits the deceased would have earned had they lived, taking into account factors like age, health, education, career industry, and career trajectory.
- Funeral and burial expenses: reasonable costs associated with the funeral and burial of the deceased
- Loss of services: refers to the monetary value of the household tasks and support provided by the deceased if they had lived, including childcare, home maintenance, housekeeping, and other services
- Loss of inheritance: includes the potential future financial contributions the deceased would have made to their estate and beneficiaries had they l ived
Non-economic Damages:Â
- Loss of Companionship or Consortium: the surviving spouse and minor children may receive compensation for loss of companionship and parental companionship, respectively, compensating the family for the loss of intangible benefits such as support, affection, companionship and intimacy resulting from the death of their loved one
- Pain and Suffering: compensation for the pain and suffering suffered by the deceased between the time of the injury and date of death, as well as pain and suffering experienced by the surviving family members
- Punitive Damages: under certain circumstances where the plaintiff proves the defendant’s actions meet a high legal threshold such as gross negligence or intentional misconduct, a court or jury may award punitive damages to the plaintiff intended to punish the defendant and deter similar egregious conduct in the future
The Wrongful Death Legal Process in Florida – Step by Step.
Here is a brief step-by-step guide for what to expect when seeking to file a wrongful death lawsuit in Florida:
- You: Interview and retain a wrongful death lawyer
- Together: File the will of the deceased in probate court or go through the probate court intestate (without a will) to have a personal representative of the estate assigned
- Lawyer: Complete a case evaluation and investigation, gathering evidence to substantiate the wrongful death lawsuit such as police reports, medical records and bills, witness statements, footage from surveillance, dash and traffic cameras (if available), expert witness testimony and accident reconstructionists, and more
- Lawyer: Attempt to settle the wrongful death case prior to litigation if the defendant(s) are willing, although the settlement offers are unlikely to warrant acceptance in a wrongful death case
- Lawyer: File the lawsuit by the personal representative on behalf of the survivors
- Lawyer: Conduct discovery, in which evidence and testimony is exchanged through interrogatories, requests for production, and depositions
- Together: Trial if no settlement is reached during litigation
In wrongful death cases, lawsuits typically have to be filed. The entire process from interviewing and retaining a wrongful death lawyer and resolution of the case likely will take anywhere from two to four years, although the real time to resolve depends entirely on the facts of your case.
Wrongful Death Case Highlight – $3.95M Recovery in Sarasota.
As mentioned, experience matters. In one such case for Dannheisser Injury Law, we were able to recover a $3,950,000 settlement for our client’s family after their loved one was tragically killed in a preventable highway crash caused by a distracted driver. This case involved multiple expert witnesses to testify to the accident itself and economic damages incurred by losing the mother of a family. Just like in your wrongful death, we handle every aspect of the claim, from handling insurance companies, retaining expert witnesses, and litigation, so your family can focus on healing.
Let Dannheisser Injury Law’s Experience Work for You. Don’t Wait.
If you’ve lost a loved one due to someone else’s negligent or intentional actions, you have a statutory and legal right to seek accountability and compensation. It’s important that you speak with an experienced law firm to provide you with an honest assessment of your case and to walk you through the wrongful death legal process in a patient and trusted manner.
Call 941-365-7600, complete our contact form on our website, or chat live with one of our Sarasota wrongful death lawyers at Dannheisser Injury Law to start the process today.
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Frequently Asked Questions
How much does it cost to hire a wrongful death lawyer in Florida?
While every wrongful death attorney is different, Dannheisser Injury Law work exclusively on a contingency fee basis – meaning you pay no up front fees, we front all court and litigation costs, and we only get paid if you get paid.
How is the personal representative of the estate decided?
In Florida, the personal representative of the estate of the deceased is either determined in the will of the deceased or by the probate court if the person passes away without a will (intestate).
Why does experience matter in Sarasota wrongful death cases?
Wrongful death cases involve multiple courts (probate and civil), multiple practice areas (for example, wrongful death and car accident), and oftentimes multiple defendants, insurance companies, and defense attorneys. Navigating the complex wrongful death legal system requires specific experience. Dannheisser Injury Law has over 30 years of that exact experience helping people from Sarasota, Bradenton, Tampa Bay, and throughout Florida.
Will my wrongful death case go to trial?
Most likely not. A vast majority of lawsuits, including wrongful death lawsuits, settle outside of court to ensure a fair outcome for the surviving family members and save time and money.
How long does a wrongful death case take?
From interviewing and retaining a wrongful death lawyer to filing a lawsuit and having a jury trial, the process typically takes anywhere from two to four years. Most wrongful death lawsuits settle outside of court, which reduces both the costs of litigation and time to resolution.
What compensation can I receive in a wrongful death settlement or jury verdict?
Damages resulting in compensation for survivors in a wrongful death case include economic damages such as medical expenses, loss of income, benefits, and earning capacity, funeral and burial expenses, as well as non-economic damages such as pain and suffering, loss of companionship, and (in certain circumstances) punitive damages.
Who can file a wrongful death lawsuit in Florida?
Under Florida’s Wrongful Death Act, only the personal representative of the estate of the deceased may file a lawsuit. The lawsuit seeks compensation on behalf of the survivors of the decedent, which typically include the spouse, child or children, parents or other dependent family members.
What qualifies as a wrongful death under Florida law?
In Florida, a wrongful death occurs when a person dies due to the negligence intentional action, default, or breach of contract or warranty of another person or entity. Typical acts resulting in wrongful death include auto accidents (cars, motorcycles, trucks), medical malpractice, elder abuse such as nursing home and assisted living facility abuse, defective or dangerous products, and premises liability cases.
