Losing a loved one because of someone else’s negligence is heartbreaking, and the legal process can feel overwhelming. If you’re considering a wrongful death lawsuit, you probably have a lot of questions.
How does the process work? Who can file a claim? How long do wrongful death cases take?
This guide walks you through everything you need to know about filing a wrongful death lawsuit in Florida—from the first steps to potential outcomes—so you know what to expect.
How Florida Wrongful Death Lawsuits Work
Step 1: Determining If You Have a Case
If you’re considering filing a wrongful death lawsuit, the first step is determining whether you have a valid case. Not every accidental death qualifies for legal action, so it’s important to understand the legal requirements.
To succeed in a wrongful death lawsuit, you must prove four key elements:
1. The Responsible Party Had a Duty of Care
A duty of care is a legal obligation to act responsibly and avoid causing harm to others. This duty depends on the situation:
- Drivers must obey traffic laws and drive safely.
- Doctors and hospitals must provide an acceptable standard of medical care.
- Businesses and property owners must keep their premises safe for visitors.
- Manufacturers must ensure their products are safe for consumers.
2. That Duty of Care Was Violated
To prove wrongful death, you need to show that the responsible party failed to uphold their duty of care. This could mean:
- A driver was speeding, drunk, or distracted and caused a fatal crash.
- A doctor made a critical error, such as misdiagnosing a fatal illness or performing surgery incorrectly.
- A business or property owner ignored a known hazard, leading to a deadly accident.
A violation of duty of care can happen through negligence (carelessness) or intentional wrongdoing.
3. The Violation Directly Led to the Death
You must also prove that the violation of duty caused your loved one’s death. This is known as “causation.”
For example, if a doctor made a mistake during surgery, you would need medical evidence showing that the mistake directly led to the patient’s death. If a property owner failed to fix a broken staircase, resulting in a fatal fall, you would need proof that the fall was the cause of death.
4. Survivors Suffered Financial or Emotional Losses
Finally, you must show that surviving family members have suffered damages due to their loved one’s death. These damages can be:
- Medical expenses from treatment before death
- Funeral and burial costs
- Loss of income the deceased would have provided
- Emotional suffering experienced by the surviving family
If these four elements are present, there is a strong case for a wrongful death lawsuit.
Step 2: Who Can File a Wrongful Death Lawsuit in Florida?
Florida law does not allow just anyone to file a wrongful death lawsuit. The claim must be brought by the personal representative of the deceased person’s estate.
What Is a Personal Representative?
A personal representative is someone legally responsible for handling the deceased’s financial and legal affairs. This person is usually named in the deceased person’s will. If there is no will, the court will appoint a personal representative, typically a close family member.
Even though the personal representative files the lawsuit, they do so on behalf of the deceased’s surviving family members.
Who Can Receive Compensation from the Lawsuit?
The compensation from a wrongful death lawsuit is meant to benefit certain family members, including:
- The spouse – The surviving spouse is usually the primary beneficiary and may receive damages for lost companionship, emotional suffering, and financial support.
- Children – Minor children can receive compensation for the loss of parental guidance, care, and emotional support. In some cases, adult children may also be eligible.
- Parents – If the deceased was a minor child or had no spouse or children, the surviving parents may be entitled to compensation for emotional pain and financial loss.
- Other dependents – If someone relied financially on the deceased, such as a sibling or grandparent, they may also be eligible for compensation.
What Happens If There Is a Dispute?
Sometimes, family members may disagree about who should receive compensation. In these cases, the court will step in to divide the compensation fairly among eligible survivors.
Since wrongful death cases can be complicated, having an experienced attorney is crucial to make sure that all legal requirements are met and that the right family members receive fair compensation.
Step 3: Filing the Lawsuit & Gathering Evidence
Once your attorney determines that you have a strong wrongful death case, the next step is formally filing the lawsuit in civil court. This starts the legal process, which can take months or even years to resolve. The lawsuit will name the responsible party (or parties) as the defendant(s) and outline the damages being sought on behalf of the deceased’s family.
Where Is the Lawsuit Filed?
In Florida, wrongful death lawsuits are filed in civil court, not criminal court. Even if the person or company responsible for the death is facing criminal charges (such as in a DUI or homicide case), a wrongful death lawsuit is a separate legal matter. The goal of a civil case is to recover financial compensation for the family, not to determine guilt or impose criminal penalties.
How Long Do You Have to File?
Florida law has a statute of limitations for wrongful death cases. In most situations, families have two years from the date of death to file a claim. If the lawsuit is not filed within that time, the court will likely dismiss the case. There are exceptions, such as cases involving fraud or newly discovered evidence, but in general, acting quickly is crucial.
Building a Strong Case: Gathering Evidence
After filing the lawsuit, your legal team will start collecting evidence to prove fault and determine the amount of compensation you may be entitled to. This process, known as discovery, can take several months. It typically includes:
1. Collecting Medical Records
Medical records help establish the cause of death and whether the responsible party’s actions (or negligence) led to it. These records may include:
- Hospital and doctor’s notes
- Emergency room reports
- Autopsy results (if available)
- Prescription and treatment history
If medical negligence is involved, expert witnesses (such as other doctors) may be brought in to explain how proper medical care could have prevented the death.
2. Interviewing Witnesses
If anyone saw what happened, their statements can be crucial in proving the case. Witnesses may include:
- Bystanders who saw an accident occur
- Co-workers (if the death happened in a workplace setting)
- Family or friends who can testify about the emotional and financial impact of the loss
Attorneys will take formal witness statements and may have them testify later in court if necessary.
3. Reviewing Police Reports & Official Records
If the wrongful death involved a car accident, workplace accident, or crime, attorneys will review official reports, such as:
- Police accident reports for car crashes
- Workplace incident reports for deaths on the job
- Criminal case records, if there were charges related to the death
These reports can provide key details that may support the lawsuit.
4. Consulting Expert Witnesses
Sometimes, expert testimony is needed to explain complex details of the case. Experts may include:
- Accident reconstruction specialists (for car crashes)
- Medical professionals (for malpractice cases)
- Forensic analysts (for product defects or toxic exposure cases)
These professionals can provide reports and testify in court to help prove negligence and explain how the responsible party’s actions led to the death.
The ultimate goal of gathering evidence is to build a strong case that proves liability and justifies the amount of compensation being requested.
Step 4: Settlement Negotiations vs. Going to Trial
Most wrongful death lawsuits in Florida do not go to trial. Instead, they are often resolved through settlement negotiations with the responsible party’s insurance company. Settling can save time, money, and emotional stress, but it’s important that the settlement is fair. If an acceptable agreement isn’t reached, the case may proceed to trial.
The Settlement Process
A settlement is an agreement in which the responsible party (or their insurance company) agrees to pay compensation without going to trial. This process usually involves several rounds of negotiation:
- Your attorney presents the case – This includes all evidence proving negligence and damages, along with a demand for a specific amount of compensation.
- The insurance company responds – They often start with a low settlement offer to see if the family will accept less money.
- Negotiations continue – Your attorney will negotiate for a fair amount, going back and forth with the insurance company.
- A settlement agreement is reached (or not) – If both sides agree on an amount, the case is settled. If not, the case moves toward trial.
Advantages of Settling
Many families prefer settling because:
- It’s faster – Trials can take years, while settlements often resolve within months.
- It’s less stressful – Trials can be emotionally exhausting, especially when reliving details of the loss.
- It guarantees compensation – A trial is risky; a jury may award less than expected, or even nothing at all.
However, not all settlement offers are fair. If the offer is too low, your attorney may recommend going to trial to fight for a better outcome.
Going to Trial
If a settlement is not reached, the case will go to trial. At this stage, both sides present their evidence, and a judge or jury makes the final decision.
How Does a Trial Work?
- Jury selection – If the case is a jury trial, attorneys will help choose impartial jurors.
- Opening statements – Both sides outline their arguments.
- Presentation of evidence – Attorneys present documents, expert testimony, and witness statements.
- Cross-examination – Each side questions the other’s witnesses.
- Closing arguments – Final statements are made to summarize the case.
- Jury deliberation & verdict – The jury decides whether the defendant is responsible and, if so, how much compensation should be awarded.
How Long Does a Trial Take?
Wrongful death trials can last several days to several weeks, depending on the complexity of the case. However, the full trial process—including preparation—can take 1-2 years or longer.
Can You Still Settle After a Trial Starts?
Yes. Sometimes, after seeing the strength of your case, the insurance company may offer a better settlement during the trial. In fact, many cases settle at the last minute before a verdict is reached.
Advantages of Going to Trial
Although trials take longer, they have some benefits:
- Potential for higher compensation – Juries may award more than what was offered in a settlement.
- Holding the responsible party accountable – A trial makes their negligence public record.
However, there are also risks. Juries are unpredictable, and there’s a chance of receiving less than expected—or nothing at all. Your attorney will weigh these factors before deciding whether to go to trial.
Step 5: What Compensation Can Be Awarded in a Wrongful Death Lawsuit?
When a loved one passes away due to someone else’s negligence, the emotional and financial toll on the surviving family can be overwhelming. A wrongful death lawsuit is meant to ease some of that burden by seeking financial compensation, also known as damages.
Damages in a wrongful death case are designed to help families recover from their loss in both economic and non-economic ways. While no amount of money can replace a lost loved one, compensation can help cover expenses and provide financial stability for those left behind.
Types of Compensation in a Wrongful Death Case
Compensation in wrongful death lawsuits falls into three main categories:
- Economic Damages – Measurable financial losses, such as medical bills and lost income.
- Non-Economic Damages – Intangible losses, like emotional pain and loss of companionship.
- Punitive Damages – Extra damages awarded in cases of extreme negligence or intentional harm.
Each of these categories serves a different purpose in helping families move forward after a tragic loss.
Economic Damages: Covering Financial Losses
Economic damages cover the actual financial impact of losing a loved one. These are costs that can be calculated with receipts, invoices, or other financial records.
1. Medical Bills Related to the Final Injury or Illness
If the deceased received medical care before passing away, the family may be responsible for paying hospital bills, emergency care, surgeries, medications, or hospice care. A wrongful death lawsuit can help recover these costs.
2. Funeral and Burial Costs
Funeral and burial expenses can be unexpectedly high, often ranging from $7,000 to $12,000 or more, depending on the arrangements. Families may seek compensation for:
- Funeral home services
- Burial or cremation
- Caskets or urns
- Transportation of remains
3. Loss of Income the Deceased Would Have Provided
If the deceased was a primary earner, their family may face serious financial challenges. A wrongful death claim can compensate for the wages they would have earned over their lifetime, including:
- Lost salary and wages
- Lost benefits (such as health insurance or retirement contributions)
- Loss of future earning potential
For families who depended on the deceased for financial support, this type of compensation is critical to maintaining stability.
Non-Economic Damages: Compensating for Emotional Losses
Not all losses can be measured in dollars. Losing a loved one affects families in deep and lasting ways. Non-economic damages help compensate for these personal and emotional losses.
4. Loss of Companionship (for Spouses)
For surviving spouses, losing a partner means losing a lifelong companion, friend, and supporter. Compensation may be awarded for the emotional and psychological toll of that loss.
5. Loss of Parental Guidance and Support (for Children)
Children who lose a parent suffer in many ways, beyond just financial support. Courts may award damages for the loss of guidance, care, and emotional support a parent would have provided.
6. Mental Pain and Suffering
Grief is not just emotional—it can also take a physical toll on surviving family members. Parents who lose a child, in particular, may be awarded compensation for the mental anguish and suffering they experience.
Unlike economic damages, these losses are harder to quantify, and the court often considers factors like the deceased’s role in the family, the survivors’ relationships, and the overall impact of the loss.
Punitive Damages: Holding Negligent Parties Accountable
In some cases, Florida courts may award punitive damages. These are not meant to compensate the family for their losses but instead serve as a punishment for the responsible party.
When Are Punitive Damages Awarded?
Punitive damages are only given in cases where the death was caused by extreme negligence or intentional harm. Examples include:
- Drunk driving accidents where the driver acted recklessly.
- Medical malpractice where a doctor knowingly ignored safety protocols.
- Violent crimes, such as assault or murder, that led to wrongful death.
Florida law limits the amount of punitive damages that can be awarded, but they can still be significant in cases of gross negligence.
How Is Compensation Calculated in a Wrongful Death Case?
Courts and insurance companies look at several factors when determining how much compensation should be awarded in a wrongful death lawsuit. These factors include:
- The deceased’s age and health – Younger individuals may have a higher expected lifetime income, leading to larger financial compensation.
- The deceased’s earning capacity – Higher-earning individuals may receive higher compensation for lost wages.
- The relationship between the deceased and the survivors – Courts often consider how dependent the survivors were on the deceased.
- The circumstances of the death – If the death was particularly traumatic, non-economic damages may be higher.
Because every case is different, it’s important to work with an experienced wrongful death attorney to help make sure that all losses—both financial and emotional—are properly accounted for.
How Long Does It Take to Receive Compensation?
The timeline for receiving compensation in a wrongful death case depends on whether the case is settled or goes to trial.
- If a settlement is reached – Families may receive compensation within a few months to a year.
- If the case goes to trial – It can take one to three years or more to receive a payout.
While settlements are often quicker, they may not always offer the full amount the family deserves. Going to trial can lead to higher compensation, but it takes longer and carries risks.
How Long Do Wrongful Death Cases Take?
The length of a wrongful death lawsuit depends on several factors, including the complexity of the case and whether it settles or goes to trial.
Here’s a general breakdown of the timeline:
1. Investigation & Filing (3-6 Months)
- Your attorney gathers evidence and files the lawsuit.
2. Negotiation & Settlement Talks (6-18 Months)
- Many cases settle during this phase, but if negotiations fail, the case moves forward.
3. Pre-Trial & Discovery (12-24 Months)
- Both sides exchange evidence and prepare for trial.
4. Trial (If Necessary) (1-2+ Years)
- If the case goes to trial, it can take longer, especially if appeals are involved.
On average, wrongful death cases take between 1 to 3 years, but some may resolve in a few months if a quick settlement is reached.
How to Get Started With a Wrongful Death Claim
If you’re thinking about filing a wrongful death lawsuit, it’s important to act quickly. Florida law gives families only two years from the date of death to file a claim in most cases.
At William W. Price P.A., we understand how difficult this time is. That’s why we’re here to guide you through the process with compassion.
Get the Help You Need Today
If you’ve lost a loved one due to someone else’s negligence, let us help you seek justice. William W. Price P.A. has been serving families in Boca, West Palm Beach, Boynton Beach, and Jupiter for decades, providing skilled and personal legal representation.
Contact us today for a consultation and find out how we can help.
