Wrongful death laws vary by state, and those intending to file such a lawsuit in Florida may benefit from reviewing local statutes. Of course, there will be similarities among the various state statutes, such as negligence being the basis for the claim. However, the statute of limitations might vary, among other differences.
Wrongful death lawsuits explained
In general, “wrongful death” involves someone’s negligent action or lack of action that led to someone losing their life. For example, a drunk driver’s decision to drive while intoxicated could leave the person liable for any harm inflicted in an accident. An apartment manager’s deliberate refusal to fix a fire hazard might leave that individual accountable for deaths if the building went up in flames.
Deliberate actions could lead to a wrongful death lawsuit as well. Someone convicted of murder in a criminal case might return to court to face civil action.
Wrongful death statutes in Florida
Under Florida law, litigants have a lengthy amount of time to file a wrongful death suit: four years. The litigants require standing to bring forth a case, including parents, children, and spouses, along with adopted siblings and blood relatives “wholly or partly dependent” on the deceased.
Plaintiffs may seek a wide range of damages when filing a wrongful death lawsuit. Medical and funeral expenses, along with lost wages, loss of companionship, and even loss of parental guidance, are among the damages a litigant may seek. Pain and suffering claims are possible, and these claims may factor heavily into particularly egregious incidents.