When a loved one’s life is taken because of someone else’s careless or reckless behavior, the pain can be overwhelming. Florida law gives surviving family members a way to seek justice through a wrongful death claim. These civil cases are designed to hold the responsible party accountable by seeking compensation for financial and emotional losses.
Negligence is the foundation of most wrongful death cases. It refers to a failure to act with the level of care a reasonable person would have exercised under similar circumstances. When negligence leads to a fatal accident—such as a car crash, medical error, or unsafe property condition—the surviving family has the right to ask for recovery through Florida’s wrongful death statute.
Under the Florida Wrongful Death Act (Fla. Stat. §§ 768.16–768.26), the personal representative of the deceased’s estate can file a lawsuit for the benefit of surviving family members. This law allows families to recover damages for medical expenses, funeral costs, lost wages, and the loss of companionship or support.
The focus of these claims often comes down to whether someone was negligent. Determining negligence means proving that another party failed to act responsibly and that their actions directly caused the death.
For a wrongful death claim to succeed, Florida law requires proof of four essential elements that establish negligence. Each piece plays a critical role in demonstrating liability:
All four elements must be proven with strong evidence, including accident reports, medical documents, expert testimony, and witness statements. Florida law uses a “preponderance of the evidence” standard, meaning that the plaintiff must show it is more likely than not that the defendant’s negligence caused the death.
Negligence can take many different forms, and wrongful death claims can arise from almost any kind of careless action. Some of the more frequent causes of wrongful death in Florida include:
Each situation requires a detailed investigation to determine who was negligent and how that negligence led to the tragedy. An experienced Florida attorney can help gather evidence and identify all responsible parties.
Proving negligence requires more than just showing that someone made a mistake. The legal team must demonstrate that the defendant’s actions violated their duty of care and that this violation was the direct cause of death. This often involves expert testimony, accident reconstruction, and a review of medical evidence.
In some situations, negligence escalates to what is known as gross negligence—conduct that shows a complete disregard for the safety of others. Florida courts may award punitive damages in these cases to punish the wrongdoer and discourage similar behavior in the future.
Surviving family members may be eligible for several types of compensation under Florida law. These damages can help families regain some financial stability during a difficult time.
In addition to these compensatory damages, punitive damages may be available in cases involving gross negligence or intentional misconduct.
Pursuing a wrongful death claim can be an emotional and complex process. Establishing the link between the defendant’s conduct and the death often requires extensive documentation and expert input. Even when the facts appear clear, the opposing party and their insurance company may dispute liability to avoid payment.
This is why having an experienced legal advocate can make a difference. A skilled wrongful death attorney can manage communication with insurers, collect evidence, consult with experts, and build a strong case that supports the family’s claim for justice and compensation.
Every wrongful death case is unique. Whether the death resulted from a car accident in Broward County or a construction site injury in Miami-Dade, the right legal support helps families focus on healing while their attorney works on holding the negligent party accountable.
Florida’s statute of limitations generally gives families two years from the date of death to file a wrongful death claim. Missing this deadline could prevent recovery, making it critical to seek help quickly after a loss.
Losing a loved one is devastating, especially when it happens because someone failed to act responsibly. The legal team at Fenstersheib Law Group has decades of experience guiding Florida families through wrongful death cases rooted in negligence. They understand how to navigate the complexities of state law and fight for fair compensation that honors the life of your loved one.
If your family is coping with the loss of someone due to another person’s negligence, call Fenstersheib Law Group today. Compassionate legal help is only a conversation away.
What is considered wrongful death negligence in Florida?
Wrongful death negligence in Florida occurs when a person’s death is caused by another individual’s careless or reckless behavior. This can include incidents like car crashes, medical errors, or unsafe property conditions.
What are the four elements required to prove negligence in a wrongful death claim?
To prove negligence in a wrongful death claim in Florida, four elements must be established:
What types of compensation are available in a Florida wrongful death case?
Surviving family members in Florida may be eligible for compensation including medical expenses related to the final injury or illness, funeral and burial costs, loss of income and future earnings, loss of companionship, guidance, and protection, and emotional pain and suffering. Punitive damages may also be awarded in cases of gross negligence.
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