In Florida, when a person dies as a result of someone else’s wrongful act, the decedent’s estate can sue the wrongdoer to recover money. This lawsuit is called a wrongful death action and is defined by Florida Statutes, Chapter 768. In this article, I will examine the purpose and nature of a wrongful death claim, who is eligible to collect damages, what type of damages can be claimed, and the statute of limitations for filing this claim.
Definition of a "Wrongful Death"
Under Florida law, a wrongful death occurs when a person causes another person's death by a "wrongful act, negligence, default, or breach of contract or warranty." (Fla. Stat. § 768.19). The following fall under this definition:
negligent manslaughter (car accident, slip and fall)
unsafe condition in a rented house that causes death
defective product that causes death
intentional, wrongful act that causes death (assault that causes fatal injury, murder, etc.)
Who May File a Wrongful Death Lawsuit in Florida
Florida law provides the personal representative of the decedent’s probate estate the exclusive right to file a wrongful death claim on behalf of the estate and surviving family members. (Fla. Stat. § 768. 20).
Purpose of a Wrongful Death Claim
A wrongful death lawsuit seeks only financial compensation from the wrongdoer for those who have suffered as a result of his death. A wrongful death judgment is intended to reimburse the decedent’s family for support he would otherwise provide them. The judgment may also award the family intangible losses caused by the decedent’s death such as “mental pain and suffering.” In short a wrongful death lawsuit is similar to a personal injury suit in the type of relief sought. Since the victim has died, however, the beneficiaries of the lawsuit are the victim’s estate and family.
The burden of proof in a wrongful death action is “preponderance of the evidence,” meaning it is more likely than not that the defendant caused the death at issue. So it is easier to win a wrongful death action than a criminal case for murder, in which the burden of proof is “guilt beyond a reasonable doubt” (which is what happened in the OJ Simpson cases).
Damages Available in a Florida Wrongful Death Lawsuit
In a successful wrongful death case, the court will order the defendant to pay "damages"—or the plaintiff's claimed losses—to compensate for the death. Under Florida law, the types of potential damages in a wrongful death suit fall into two categories: damages awarded to the deceased person's family and damages awarded to the estate. Importantly, the beneficiaries of a Florida wrongful death claim are authorized by statute to collect damages for both loss of support from the time of the decedent’s injury until his death and also for the future loss of support and services. The duration of future losses is computed with reference to the life expectancies of both the survivor and the decedent. In the case of a child beneficiary of a wrongful death action, the remaining period of the child’s minority is considered when calculating future damages. Damages paid to the family commonly include money to compensate for:
the loss of the financial support provided by the decedent
the loss of the decedent’s companionship to decedent’s spouse
the loss of parental companionship, instruction and guidance
mental pain and suffering
decedent’s medical and funeral expenses paid by a surviving family member.
The deceased person's estate may also recover the following damages:
lost wages, benefits, and other earnings from the date of the person's injury to the date of his or her death
the value of earnings and benefits the deceased person could reasonably have been expected to retain as savings and leave as part of the estate if he or she had lived, and
medical and funeral expenses that were paid directly by the estate.
Punitive Damages
Punitive damages are available in a wrongful death lawsuit if it is shown that the wrongdoer recklessly or intentionally caused the decedent’s death. Florida Statutes Section 768.72 states that A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.
In Florida, an award of punitive damages is a two-step process. First, the trial court determines at a preliminary hearing whether Plaintiff has presented sufficient evidence that the defendant’s conduct was more than mere negligence . If the court allows the punitive claim to go forward, the Plaintiff must then establish, based on clear and convincing evidence, at trial that the punitive damages should be awarded.
The amount of punitive damages that a court may award depends on the nature of the defendant’s misconduct. If the court determines that the defendant’s conduct was grossly negligent or reckless, it may award up to three times the amount of compensatory damages or $500,000 (whichever is less) in punitive damages (Florida Statute §768.73(1)(a)). If the defendant’s conduct is proven to be motivated by financial gain and “unreasonably dangerous,” the punitive damages limits increase to four times compensatory damages or $2 million dollars . Finally, if it is proven that Defendant had a specific intent to harm the claimant, then there shall is no cap on punitive damages.
The Four Elements of Negligence in Florida
Negligence occurs when an individual fails to exercise the level of reasonable care expected to minimize the risk of harm to others. In Florida, negligence laws not only define what constitutes a claim but also outline the types of damages a plaintiff may pursue. The four essential elements of negligence in Florida are duty of care, breach of duty, causation, and damages. Here’s a breakdown:
Duty of Care – This refers to the legal obligation a person has to act (or refrain from acting) in a certain way based on their relationship to others. For example, every driver has a duty to operate their vehicle safely and in accordance with traffic laws to protect others on the road. Similarly, a business owner has a duty to take reasonable measures to keep their premises safe for visitors.
Breach of Duty – A breach occurs when someone fails to uphold their duty of care. For instance, a driver breaches this duty by speeding, tailgating, or being distracted while driving. A business owner breaches their duty by neglecting to promptly clean up a spill or fix a leaking freezer that creates a hazard in a walkway.
Causation – Causation links the breach of duty directly to the harm suffered. While it might seem straightforward, determining causation can be complex, especially in cases involving multiple parties or factors. To establish causation, it must be shown that the breach of duty logically and foreseeably led to the injury or damage.
Damages – Finally, the plaintiff must demonstrate that they suffered compensable injuries or losses due to the breach of duty. This can be proven through evidence like medical bills, lost wages, or property damage assessments. Additionally, non-economic damages such as pain and suffering or loss of enjoyment of life are also recoverable under Florida law.
Proving Your Case at Trial
In order to prevail at trial, you must prove the elements above by a preponderance of the evidence (in other words, show that it is more likely than not that the Defendant was negligent). You may need to hire experts, such as medical doctors, and you will also need to gather evidence concerning the Defendant's allegedly negligent action, which may involve taking statements from him under oath (depositions) or getting physical custody of evidence (through the use subpoenas).
Time Limit for Filing a Wrongful Death Action
Like other types of lawsuits, wrongful death claims must be filed within a certain period of time. In Florida, the statute of limitations for most wrongful death lawsuits is two years from the date of the decedent’s death. (Fla. Stat. § 95.11(4)(d)). However, there is no time limit for bringing a wrongful death claim if the death was a result of murder or manslaughter (Fla. Stat. § 95.11(10)).
If your family member has died as a result of a wrongful act by another, call Florida wrongful death attorney John Clarke at (954)556-8952 for a free consultation!