How To Prove A Florida Wrongful Death Claim

 

 

In Florida, a claim of Wrongful Death is defined as:

Wrongful Death is the basis for a lawsuit where one person causes the death of a family member who has lost the company and support of the deceased.

It simply means:

Wrongful death is the death of a human being as the result of a wrongful act of another person.

There are 4 elements of the claim:

• Element 1. The plaintiff was a personal representative of the decedent when the decedent’s death was caused. The plaintiff, acting on behalf of someone who has died, must show they were legally responsible for the deceased person’s affairs at the time of their death to pursue a wrongful death claim.
  

  Facts that might support this element look like:

  * The plaintiff was appointed as the personal representative of the decedent’s estate by the probate court prior to the decedent’s death.
  * The plaintiff was responsible for managing the decedent’s affairs and had the legal authority to act on behalf of the estate at the time of death.
  * The decedent’s death occurred while the plaintiff was serving in the capacity of personal representative, as documented in court records.
  * The plaintiff filed the wrongful death claim within the statutory time frame, confirming their role as the personal representative.
  * The plaintiff was the sole beneficiary of the decedent’s estate, further establishing their status as the personal representative at the time of death.

• Element 2. The decedent’s death was caused by the defendant. In a wrongful death claim, it must be shown that the person who died did so because of the actions or negligence of the defendant, meaning the defendant’s behavior directly led to the death of the decedent.
  

  Facts that might support this element look like:

  * The defendant was operating a vehicle at a high speed when it collided with the decedent, resulting in fatal injuries.
  * Witnesses reported seeing the defendant run a red light just moments before the accident occurred.
  * The decedent suffered multiple traumatic injuries that were directly linked to the impact caused by the defendant’s actions.
  * Medical records indicate that the decedent died shortly after arriving at the hospital due to injuries sustained in the incident involving the defendant.
  * The defendant was found to be under the influence of alcohol at the time of the accident, contributing to the decedent’s death.

• Element 3. The defendant’s conduct was a wrongful act, negligence, default, or breach of contract or warranty of any person. In a wrongful death claim, this element means that the person being accused acted carelessly, broke a law, or failed to meet their responsibilities, which directly led to someone else’s death.
  

  Facts that might support this element look like:

  * The defendant failed to maintain the safety equipment required by industry standards, leading to a hazardous work environment.
  * The defendant ignored multiple safety complaints from employees regarding the dangerous conditions present at the workplace.
  * The defendant was aware of the defective machinery but chose not to repair it, resulting in a fatal accident.
  * The defendant did not provide adequate training to employees on the proper use of safety gear, contributing to the incident.
  * The defendant breached the terms of the contract by not adhering to safety protocols, which directly led to the wrongful death.

• Element 4. The plaintiff can prove damages allowed by the statute. The plaintiff must show that they suffered specific financial losses, like medical bills or lost income, as a result of the person’s death, which are recognized by law as compensable damages in a wrongful death claim.
  

  Facts that might support this element look like:

  * The plaintiff incurred $50,000 in medical expenses related to the deceased’s final illness before their passing.
  * The deceased was the primary breadwinner, contributing $75,000 annually to the household income.
  * The plaintiff has suffered emotional distress, evidenced by therapy bills totaling $10,000 since the death.
  * The deceased had a life expectancy of 30 more years, which the plaintiff can quantify in lost future earnings.
  * The plaintiff has incurred funeral expenses amounting to $15,000, directly related to the wrongful death.

^{(See Laizure v. Avante at Leesburg, Inc., 109 So. 3d 752, 758-9 (Fla. 2013). Florida Statutes 768.16-26.)}
If you’re in court without a lawyer and plan to assert a Claim of Wrongful Death, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex process effectively.

Prove Your FL Wrongful Death Claim

U.S. Civil Cases Only