When a family member suffers death due to another person’s carelessness or negligence, expert legal representation is essential for establishing liability and pursuing a wrongful death claim. Florida wrongful death lawsuits are strictly governed by state statutes and aim to achieve financial compensation for the family. The critical first step in these complex matters involves the probate process. This legal stage is mandatory to name the Personal Representative (PR), who is the only party authorized to bring the lawsuit. Delay is highly discouraged, as the strict two-year statute of limitations applies to these cases. Zarzaur Law, led by Board Certified Civil Trial Specialist Joe Zarzaur, handles serious injury and death cases, including complex medical malpractice claims.
Watch these videos to learn the requirements for survivors and the damages available in wrongful death cases, such as compensation for mental pain and suffering. If you need an experienced Pensacola wrongful death attorney who is “Not your Average Joe,” contact the firm 24/7 at (855) Hire Joe.
The Importance Of Probate In Wrongful Death Claims
Before a wrongful death case can even be brought in Florida following a death caused by negligence, you must complete the probate stage. This process is essential because the deceased person cannot legally act on their own behalf. The Probate Court holds the exclusive authority to declare or appoint the Personal Representative (PR) of the estate. The PR is legally responsible for winding up all the decedent’s affairs, which critically includes having the *exclusive right* to prosecute any legal claims. This means the PR is the specific individual who must hire the lawyer and bring the personal injury wrongful death case on behalf of the surviving beneficiaries. Whether the decedent had a will or not, the probate court must go through the proper motions to establish this authority. Zarzaur Law helps clients “Soup To Nuts” by using a probate lawyer to efficiently establish the PR so the claim can move forward.
What Damages Can Be Claimed In A Florida Wrongful Death Case?
In Florida, wrongful death cases are exclusively controlled by statute, ensuring that families have the right to seek financial compensation when a loved one is killed due to carelessness. The law defines specific types of damages that can be claimed. The decedent’s estate can recover medical expenses and wage loss incurred before death. Survivors can claim loss of support and services the deceased would have provided to the household or family. A key component is the loss of net accumulations, which represents money the person would have saved had they lived a full life. However, the most valuable component is usually mental pain and suffering damages. This compensation addresses the profound loss of relationship, companionship, guidance, or support. Whether you qualify to claim these damages depends on your status and relationship with the person who passed away, underscoring the need for a Board Certified Civil Trial Lawyer to analyze your claim.
When Is An Autopsy Required In Regards To Florida Wrongful Death?
In the context of a wrongful death case, the relevance of an autopsy is connecting the death to the negligent or careless conduct of another party. Florida operates on a Medical Examiner’s (ME) system, where reported deaths must be investigated according to statute. The decision of whether the investigation includes an autopsy is often left to the ME’s discretion. However, state statutes mandate a full autopsy in specific circumstances. These mandates include the death of a child under the age of one suspected of SIDS (Sudden Infant Death Syndrome). An autopsy is also required for a child over the age of one who dies while otherwise in good health. Furthermore, if there is a reasonable suspicion of death by criminal violence, accident, suicide, or poisoning, an autopsy is generally required, unless the cause is already highly evident. Failing to connect the death to the negligent conduct makes successfully bringing a wrongful death case difficult.
Why Does Age Matter In Florida Wrongful Death Cases?
Age becomes a critical factor in specific Florida wrongful death cases—those resulting from medical malpractice. These limitations were introduced by the Florida legislature as part of tort reform efforts to limit the scope of medical malpractice lawsuits. If a parent dies due to a medical malpractice situation, the surviving minor child must be under 25 years old at the time of death to qualify as a survivor and collect damages. Similarly, if a child dies from medical negligence, the parent’s ability to claim is impacted by whether the child is considered a minor. It is vital to understand that these stringent age distinctions, such as the 25/26 year limit, are applied *only* in cases where the wrongful death results from medical malpractice. Wrongful death cases stemming from other causes, such as vehicle accidents, do not include these specific age distinctions.
Statute Of Limitations On Florida Wrongful Death Cases
If you are looking to pursue a wrongful death case in Florida, you must act swiftly because the statute of limitations is strictly two years. This is half the time allowed for standard personal injury cases where the victim survived, necessitating quick investigation and legal theorizing. Furthermore, if your relative’s death resulted from medical malpractice, Florida law requires a mandatory pre-suit process that takes six to eight months, effectively reducing the time available to file the lawsuit to less than two years. Delaying legal counsel is highly discouraged; if the statute of limitations expires, there is no exception, and the case is permanently barred forever. Crucially, the lawsuit cannot be filed until the Personal Representative has been nominated by the probate court. Failing to establish this authority before the deadline can lead to dismissal. Call (855) Hire Joe immediately to discuss your claim.
Survivors and Damages In Florida Wrongful Death Cases
Wrongful death cases in Florida are entirely governed by state statutes—the Wrongful Death Act—which specifically dictate who qualifies as a “survivor” and what damages they are legally entitled to collect. Because the common law did not allow suits when someone died, these statutes are essential to allow families to seek compensation for their loss. Damages are divided into estate-based claims, such as funeral bills and medical expenses incurred before death, and survivor claims. Survivor damages include loss of support and services, and the loss of net accumulations (money the deceased would have saved and passed on). The most valuable component of these cases is generally compensation for mental pain and suffering, covering the loss of companionship, guidance, or support, measured from the date of death until the survivor’s likely passing. An experienced wrongful death lawyer must evaluate your specific status and relationship to the deceased to determine which damages you can claim.
Florida Wrongful Death Case: What Does The Probate Process Involve And Why Is It Necessary?
The crucial first step in any Florida wrongful death case is the mandatory probate process. Since a deceased person (the decedent) cannot legally transact business, the Probate Court must nominate or declare a Personal Representative (PR). The PR is the human being “cloaked with the authority to act” on the decedent’s behalf, including hiring a lawyer and prosecuting the wrongful death lawsuit. If the decedent had a will, it typically names a PR, providing the court with a presumption. However, the probate judge still provides notice to all survivors and can hear objections, for example, if a nominated PR committed a felony. While naming the PR can be quick, the estate must remain open for years while the lawsuit is pending, requiring the PR to regularly report to the court about the assets. Zarzaur Law utilizes a probate lawyer to guide clients through this initial, essential stage.
What Is The First Legal Step To Pursue A Florida Wrongful Death Case?
The very first legal step in pursuing a Florida wrongful death lawsuit is securing the appointment of the Personal Representative (PR). This step is mandatory because a personal injury lawyer cannot even be legally hired until the PR is set up to execute the contract. This legal process must go through the probate court in the county where the person lived. The goal is to get the court to nominate or declare who the PR will be. If the decedent had a will, the process is often easier, as they nominated the PR themselves. If there is no will, the probate court must go through motions to ensure there are no challenges, which can delay the appointment. The PR often acts as a figurehead, and they may or may not be a surviving spouse, children, or other eligible beneficiary legally entitled to damages. Zarzaur Law guides clients through this critical first step very quickly, ensuring the case can move forward.