Todd J. Herman, P.A.

Wrongful Death

Similar to a personal injury claim, a wrongful death claim begins when a careless or intentional act causes death.

What Qualifies as A Wrongful Death?

In Florida, wrongful death is governed by Florida’s wrongful death statutes found in sections 768.16-768.26. Outlined within these sections are the types of financial damages that can be recovered for the benefit of the estate and the decedent’s survivors (those eligible to receive these damages). Survivors generally consist of the decedent’s spouse, children and/or parents.

Damages that may be recovered include mental pain and suffering, medical expenses, funeral expenses, loss of earnings of the deceased, the value of lost support and services and the loss of companionship and protection.

Next Steps to Take

In Florida, a wrongful death claim must be brought through an estate by the personal representative on the behalf of those entitled to monetary damages. A personal representative is appointed by the Probate Court. If a personal representative has not been appointed, our office will assist with process.

Lawsuits must be filed within two years from the date of death. Additionally, the lawsuit must be brought on behalf of the estate’s personal representative. It is important to hire a law firm with the experience to handle such a delicate and often complex matter If you have lost a loved one, contact our office to get the justice you deserve.

Below you will find a list of the most common incidents resulting in wrongful death claims.

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