Losing a loved one is a heartbreaking experience, and it’s even more tragic when their death occurs before their time due to someone else’s negligent behavior or wrongful actions. In Florida, if you are facing this difficult situation, wrongful death claims can be a way to seek justice and financial relief for your family.
Determining potential damages in a wrongful death case and how they are awarded to family members can be complex. Read on to learn how Florida law portions out settlements in these cases and how working with our Miami wrongful death lawyers at Aigen Injury Law can make the process easier for you and your family.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action you can take if someone you love has died because of another party’s negligence or intentional harm. It offers a way for families to seek accountability in civil court when their loved one’s passing could have been prevented.
In Florida, a wrongful death claim has to be filed by the deceased’s personal representative, who takes action on behalf of the spouse, children, or parents. These claims typically come from personal injury accidents like car crashes, medical malpractice, or unsafe workplaces. They can also be filed for death resulting from breaches of contract or illegal activities.
Damages in a Wrongful Death Settlement
Wrongful death settlements in Florida aim to compensate the deceased person’s estate and the surviving family members for their losses both financial and emotional. Damages are outlined in Statute 768.21 and typically include:
- Compensation for household income provided by the deceased from injury to death and potential future savings, adjusted to present value
- Damages for the loss of companionship and protection
- Compensation for lost parental guidance and emotional support for children
- Damages for mental pain and suffering
- Reimbursement for funeral and medical expenses
- Compensation for expected financial contributions and services in the future (for example, cost to replace childcare or home maintenance previously provided for the household by the deceased)
How Is a Wrongful Death Settlement Portioned Out in Florida?
In Florida, wrongful death settlements are allocated according to specific intestate succession laws. The following guidelines, found in Statutes 732.102 and 732.103, determine how the settlement is distributed among the surviving family members:
| Eligible Party | What Do They Receive? | Conditions |
| Spouse, No Kids from the Deceased | Entire estate | The entire estate goes to the spouse if the deceased leaves no children. |
| Spouse with Shared Kids Only | Entire estate | If all children are from the spouse and the deceased, the spouse receives the entire estate. |
| Spouse with Kids Not from the Spouse | Half of the estate | If there are children of the deceased who are not related to the spouse, then the spouse receives half the estate with the children receiving the other half. |
| Children, No Spouse | The entire estate | If there’s no spouse, the children inherit the entire estate. |
| Parents, No Kids | Split equally or all to one | If the deceased had no children or spouse, the parents receive the estate, either shared or all to the surviving parent. |
| Siblings, No Direct Family | Split equally between them | If there is no spouse, children or parents, any siblings share the estate equally. |
| Extended Family, When Closer Are Gone | Split between sides of the family | If there’s no direct family, the estate splits between paternal and maternal relatives. |
| Relatives of the Last Deceased Spouse | The entire estate | If there are no relatives of the deceased, the relatives of a previously deceased spouse inherit. |
Do You Need an Attorney to File a Wrongful Death Claim?
Filing a wrongful death claim can be overwhelming, especially during a time of grief. While it’s possible to proceed without an attorney, having legal representation can benefit your case.
- Personalized Legal Strategy: We tailor our approach to fit the unique circumstances of your case, using our understanding of the law to present the strongest argument on your behalf.
- Managing Legal Details: From filing all necessary documentation to representing you in court, we handle every detail so you can focus on your remaining family and healing from your loss.
- Seeking Fair Compensation: We carefully assess all aspects of your case to advocate for a settlement that accurately compensates for your loss and addresses immediate and long-term financial impacts.
- Compassionate Support: We recognize the emotional weight of your situation, and provide empathetic support throughout, helping you through this challenging time with sensitivity and understanding.
Get Help With Your Wrongful Death Claim
Losing a loved one due to someone else’s negligence is incredibly difficult. At Aigen Injury Law, we understand your challenges and can provide support and guidance throughout the legal process.
Our experienced Miami wrongful death lawyers can help you hold those responsible accountable. Contact us to schedule a free consultation, and let us help you secure compensation for yourself and your family.