In Florida, any person, or survivor, who was wholly or partially dependent on a person whose death was caused by a wrongful act, negligence, default, or breach of contract, may bring about a civil action in a wrongful death suit. Survivors of the deceased include, but are not limited to the deceased’s spouse, natural children, adoptive children, parents, blood relatives, and adoptive siblings. Being wholly or partially dependent upon the deceased person does not only include monetary dependence, but also relying on the deceased for support or service, such as for a caregiver or companion. Survivors are entitled to the deceased’s net accumulations. This includes, but is not limited to future income, savings, pension benefits, estate, interest payments, and other support or service.
The Florida Wrongful Death Act states that a person, business, or other entity may be held liable for the death of another person due to a wrongful act, negligence, default, or breach of contract. Wrongful death claims are brought about in civil court instead of criminal court. Although a person may be both criminally prosecuted and sued civilly by the deceased’s family and close relatives. A wrongful death case seeks monetary compensation for the survivors of the deceased. The Florida Wrongful Death Act lists in detail what constitutes as a wrongful act, negligence, default, or breach of contract.
A person who is responsible for the death of a parent of an unmarried dependent child is liable to the child for damages and loss. This includes future monetary support, companionship, security, and comfort. Under Florida law, a minor child refers to a child under the age of twenty-five, not eighteen. Therefore, if a 22-year old college student’s father dies in a manner that constitutes a wrongful death, the son or daughter may bring about civil action against the person or other entity that caused the father’s death.
A contractor who is negligent or breaches contract in construction or building service is liable if any person’s death is a result of their carelessness. Businesses are legally required to keep their premises in a reasonably safe condition, which will not cause loss, injury, or damage to a person. Under Florida law, a business or business owner may be held liable for the death of a patron due to unsafe conditions on the premises. For instance, unsecured flooring may cause a person to slip and fall resulting in an injury that leads to their death. Loose, overhead lighting that falls on a customer or client and causes their death is an example of a business’s negligence. A company or business may also be responsible for faulty products that bring about the premature death of a person. Pharmaceutical companies have a legal responsibility to produce and market safe drugs that do more good than harm.
When a person is killed in a motor vehicle or watercraft accident, the driver of the vehicle or watercraft may be brought to a civil action suit seeking compensation for the survivors of the deceased. Thousands of accidents wreak havoc on Florida’s highways and coastal waters every year. In fact, Florida is the third most dangerous state for motor vehicle accidents; only California and Texas outrank the sunshine state for vehicular accidental deaths. Boating and watercraft deaths are on the rise in Florida as well; averaging an annual ten percent increase each year. An intoxicated or distracted driver, whose actions behind the wheel resulted in the death of another person, is responsible to the deceased’s survivors for that person’s life.
Medical malpractice is skyrocketing. A person who dies as the result of faulty or negligent medical care is a victim. Medical professionals have a legal responsibility to their patients to provide the best care they are capable of at the time. Hundreds of people die each year due to some type of medical malpractice. Whether they were given a lethal dose of medicine, underserved due to a lack of insurance coverage, or misdiagnosed because of an incompetent clinician, it is considered medical malpractice and any death that results from that is considered a wrongful death.
The statute of limitations for the Florida Wrongful Death Act is two years. This means survivors may file a wrongful death suit for up to two years from the date of the person’s death. Compensation begins on the date of death, no matter when the civil suit is filed.
Each survivor may bring about his or her own civil suit against the person or other entity that caused the wrongful death. A surviving spouse may be compensated for mental pain and suffering, as well as for the loss of companionship and security. Surviving children may be compensated for not only mental pain and suffering, but also lost parental instruction, guidance, support, and companionship. A surviving parent may recover for mental pain and suffering, especially if the deceased child was a minor and/or only child. Survivors who paid for funeral or medical expenses may recover one hundred percent of those costs in a wrongful death suit. In the event of a survivor’s death before judgment, the person or other entity responsible for the wrongful death must pay a representative of the survivor for their loss.
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