Is There a Cap on Wrongful Death in Florida?
Under Florida law, there is no cap on the amount of compensation you can ask for in most wrongful death cases. The amount you, the deceased’s other relatives, and the deceased’s estate can receive depends entirely on the nature of your respective losses.
If you want help pursuing a legal action for the damages you deserve, our Florida wrongful death lawyers are available.
What Do Florida’s Wrongful Death Laws Say?
Under Florida Statutes § 95.11, you have two years to sue someone for negligent behavior that resulted in your loved one’s death. You cannot file this action on your own behalf: Florida Statutes § 768.60 stipulates that only the “decedent’s personal representative” can file the case on behalf of all other beneficiaries.
Is There a Cap on Wrongful Death in Florida?
Generally, no. Most people who file wrongful death can ask for as much as they feel they deserve based on what the evidence says about their economic and non-economic losses.
The only circumstance when there is a cap on wrongful death damages in Florida is if a local or state government entity caused your loved one’s death. Under Florida Statutes § 768.28(5), the most you can receive for a legal action against the government is $200,000.
Types of Damages Available in Florida Wrongful Death Actions
The kinds of compensation you may be eligible for depend on state law and on how much you have lost because of your loved one’s untimely passing. These are listed under Florida Statutes § 768.21 and include the following:
- Lost financial support and other services (e.g., childcare) will go to anyone who depended on the deceased financially and physically.
- Any lost wages that would not have gone to supporting dependents will go to the deceased’s estate.
- Bereavement and lost companionship will go to the deceased’s spouse and minor children and, in some cases, adult children. If the deceased was a minor child, their parents can collect these damages.
- Reimbursement for accident-related expenses (e.g., burial costs) will go to whoever paid those expenses.
As these examples show, you may qualify for damages based on both your past losses (e.g., money you already spent) as well as future losses (e.g., money your loved one would have earned in the future).
What Is Your Wrongful Death Case Worth?
Since there are no caps on wrongful death damages in Florida, you (and your lawyer) are free to ask for as much money as your losses entitle you to. We can help you collect evidence to prove you are eligible for the damages you are asking for. Potential evidence may include:
- Bills and receipts: If you paid for your loved one’s medical care or burial, keep the paperwork associated with those expenses. It will show how much you spent and, therefore, how much you need to be reimbursed for.
- Personal testimony: No one knows better than you and your family how this tragedy has affected you. Your own written statements can serve as compelling evidence of your emotional losses.
- Tax information: Your tax filings can show how much your loved one used to earn. This enables us to estimate how much they would have earned in the future and how much you can recover in lost financial support.
Our wrongful death lawyers know what kinds of evidence to look for in cases like yours, so you do not have to worry about building your casefile by yourself.
How You Can Get Wrongful Death Damages in Florida
To qualify for a legal action, you have to prove that someone else’s negligence is wholly or primarily responsible for your loved one’s death. Examples of negligence include:
- A car accident where the other driver was drunk and speeding along I-75, unaware or uncaring of the other cars in their way
- A premises liability accident caused by the property owner’s refusal to address an obvious hazard, like a broken staircase
- A truck accident caused by a trucking company that is more concerned about profits than in making sure its drivers are properly trained and licensed
- A motorcycle accident where the driver who hit your loved one was texting or otherwise distracted and not bothering to watch out for bikers
How Long Does it Take to Complete a Florida Wrongful Death Case?
The length of your case depends on several factors. You have control over some of these factors: for example, you can take prompt action after your loved one’s passing and hire our wrongful death law firm to start an investigation as soon as possible.
Other factors, however, are beyond your control. You cannot dictate or predict how quickly the insurance company will respond to your demand letter or if they will drag out negotiations.
How Can You Make Your Wrongful Death Case Go Faster?
Aside from seeking legal advice and filing your case right after the fatal accident, there is no way to make your case go faster. Even in a best-case scenario, it will still take months or years to fully resolve.
That said, you can avoid unnecessary delays, mistakes, and stress by letting our Florida wrongful death attorneys handle everything for you. While you take time to process your loss and comfort loved ones, we can:
- Explain your legal options and make sure you have all the information you need to make the right decisions for your family
- Figure out what kinds of wrongful death damages you are eligible for and fight hard for that amount
- Keep you updated as your case progresses and let you know what to expect at every stage
Our Attorneys Can File Your Florida Wrongful Death Case
At Meldon Law, helping Floridians with their personal injury cases is not just our job: it is our calling. Contact our office today to learn more for free. While there is no cap on wrongful death damages in most Florida cases, there are plenty of other considerations and potential complications that we can tell you about as you navigate the legal system.
