Question 1

What is a wrongful death claim in Florida?

Accepted Answer

FL wrongful death claim (Chapter 768.16-768.26): a civil lawsuit filed when: a person dies due to the wrongful act, negligence, default, or breach of duty of another person or entity. The claim: is filed by the personal representative of the decedent’s estate on behalf of: the estate and the survivors (surviving spouse, children, parents, and other dependents). The claim: seeks damages for: the survivors’ losses (loss of support, services, companionship, and guidance) and the estate’s losses (medical expenses, funeral expenses, and in some cases: lost earnings). FL: has specific rules about who can recover and what damages are available.

Question 2

Who can recover damages in a Florida wrongful death claim?

Accepted Answer

FL recoverable parties: surviving spouse (loss of: companionship, protection, and mental pain and suffering), minor children (loss of: parental companionship, instruction, guidance, and mental pain and suffering), parents (of a minor child: loss of companionship and mental pain and suffering; of an adult child: mental pain and suffering only), and each child of the decedent (if no spouse: each child can recover for mental pain and suffering). The estate: can recover: medical and funeral expenses, and lost earnings from the date of injury to the date of death. FL: adult children of a parent over 25 years old generally cannot recover for mental pain and suffering (unless: there is no surviving spouse).

Question 3

What is the statute of limitations for Florida wrongful death claims?

Accepted Answer

FL statute of limitations: 2 years from the date of death (Section 768.19: the personal representative must file the claim within 2 years). Exceptions: medical malpractice (2 years from the date of death or from the date the cause of action was discovered: but no more than 4 years from the date of the negligent act; Section 766.106), and government entities (a notice of claim must be filed within 3 years: Section 768.28). The statute: is strictly enforced (failure to file within the deadline: bars the claim permanently). The personal representative: should consult a FL wrongful death attorney immediately after the death to: preserve evidence and protect the claim.

Wrongful Death Claim in Florida

FL Wrongful Death Claims

Who Files

Who Recovers

Statute of Limitations

Related Terms

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