What to expect from a wrongful death lawsuit

Losing a loved one is an indescribably painful experience, especially when the death is due to the negligence or wrongful act of another. While no amount of compensation can replace a loved one, pursuing a wrongful death lawsuit can offer a sense of justice and financial stability to those left behind. In Florida, wrongful death claims are governed by specific statutes that outline how these claims must be handled.

At DWK Law, we understand these cases’ emotional and legal complexities and are committed to guiding our clients with compassion and expertise. Keep reading to learn what to expect from a wrongful death lawsuit in Florida. If you lost a loved one in an incident that wasn’t their fault, call our Orlando wrongful death lawyers at (407) 244-3000 today.

Understanding wrongful death in Florida

In Florida, wrongful death actions are defined and controlled by the Florida Wrongful Death Act, which can be found in Florida Statutes §§ 768.16 to 768.26. This act outlines who may file a claim, the recoverable damages, and the time frame within which the lawsuit must be filed—typically within two years from the date of death.

Who can file a wrongful death claim?

The personal representative of the deceased’s estate, often named in the will or appointed by the court, is responsible for filing the wrongful death claim. This representative acts on behalf of the deceased’s survivors, including the spouse, children, parents, or other dependent relatives. Each eligible survivor may be able to recover damages for their emotional and financial losses resulting from the death.

What damages are recoverable?

Damages in a wrongful death lawsuit can be extensive, covering:

• Loss of support and services from the date of the deceased’s injury to their death, with interest.
• Future loss of support and services from the date of death.
• Loss of companionship and protection, and mental pain and suffering if the deceased is a child.
• Medical and funeral expenses due to the decedent’s injury and death that survivors paid.

The estate can also recover for lost wages, benefits, and other earnings, including what the deceased could reasonably have been expected to save and leave as part of their estate if they had lived.

The stages of a wrongful death lawsuit

Filing the lawsuit

After determining eligibility and potential damages, the personal representative files the lawsuit. This step must be taken within Florida’s statutory deadline, or the right to sue may be forever lost.

Discovery

During the discovery phase, both sides exchange information to learn more about the case. This phase involves collecting documents, depositing, and gathering evidence supporting the claim of negligence or wrongdoing.

Negotiation and settlement

Many wrongful death cases are settled out of court. Settlement can provide a quicker resolution to a case without the uncertainty of a trial. Negotiations can be complex and emotionally taxing, but a skilled attorney can handle these discussions, focusing on obtaining a fair settlement.

Trial

If a settlement cannot be reached, the case will go to trial. Depending on the complexity of the case, a trial can last from a few days to several weeks. A jury or judge determines the outcome, which can be unpredictable.

The role of a skilled attorney

An experienced wrongful death attorney is invaluable in navigating the complex legal landscape of these cases. At DWK Law, we offer the expertise needed to handle the sensitive issues of a wrongful death lawsuit, ensuring that our client’s rights are protected and that they receive the maximum compensation possible.

Did you lose a loved one? We can help.

Embarking on a wrongful death lawsuit is a significant and emotional decision. Understanding what to expect from the process can help ease some of the anxiety of pursuing legal action. If you find yourself needing to navigate this challenging journey, DWK Law is here to provide the support, guidance, and legal expertise you need. Our goal is to handle the legal complexities while you focus on healing. Contact us today to discuss your case and learn more about how we can help.