Losing a loved one is heartbreaking, and when their death happens because of someone else’s negligence or wrongdoing, it’s even more devastating. On top of the emotional pain, families often face financial struggles and tough questions about what to do next. This is where a wrongful death lawsuit can help. But what is a wrongful death lawsuit?
A wrongful death lawsuit gives families a way to seek justice and financial support after losing someone due to another person’s or company’s mistakes. If you’re wondering how these cases work, who can file, and what kind of compensation might be available, this guide will break it all down in a simple and straightforward way.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal case that allows surviving family members to seek financial compensation when a loved one’s death was caused by someone else’s negligence, reckless behavior, or intentional actions. This type of lawsuit helps families recover from their loss by addressing the financial and emotional impact of an unexpected death.
How is a Wrongful Death Lawsuit Different from a Criminal Case?
Wrongful death lawsuits are civil cases, not criminal ones. This means they are filed by the deceased person’s family (or their estate) rather than the government. The main goal of a wrongful death lawsuit is to secure compensation for the surviving family members, not to punish the responsible party with jail time or criminal penalties.
In some situations, both criminal and civil cases can happen at the same time. For example, if someone is killed in a drunk driving accident, the driver may face criminal charges for DUI manslaughter while also being sued in civil court by the victim’s family. Even if the driver is found not guilty in the criminal case, the family may still win a wrongful death lawsuit because civil cases have a lower burden of proof.
Who Can File a Wrongful Death Lawsuit?
Each state has its own laws about who is allowed to file a wrongful death claim. In Florida, the personal representative of the deceased person’s estate must file the lawsuit on behalf of the surviving family members. Eligible family members who may receive compensation include:
- Spouse – A surviving spouse is usually the first in line to file a claim and seek compensation for lost companionship and financial support.
- Children – Minor children can claim damages for lost parental guidance and support. In some cases, adult children may also qualify.
- Parents – If the deceased person was a child or had no spouse or children, parents may file a wrongful death claim.
- Other Dependents – In certain cases, blood relatives or adoptive siblings who depended on the deceased for financial support may also have a right to compensation.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Families who file a wrongful death lawsuit can seek compensation for both economic losses (tangible financial costs) and non-economic losses (intangible hardships like emotional suffering).
Economic Damages:
- Medical bills related to the deceased’s final injury or illness
- Funeral and burial expenses
- Lost wages and income the deceased would have earned
- Loss of benefits (such as retirement or health insurance contributions)
Non-Economic Damages:
- Emotional pain and suffering of surviving family members
- Loss of companionship, guidance, and support from the deceased
- Mental distress caused by the sudden loss
In some cases, families may also seek punitive damages, which are meant to punish the responsible party if their actions were particularly reckless or intentional.
How Long Do You Have to File a Wrongful Death Lawsuit?
Every state has a statute of limitations that sets a time limit on when a lawsuit can be filed. In Florida, families typically have two years from the date of death to file a wrongful death claim. However, there are exceptions. For example, if the case involves medical malpractice, the timeline may be different. If the deadline is missed, the family could lose their right to seek compensation.
Common Causes of Wrongful Death Cases
Wrongful death lawsuits can arise from many different situations, but they all have one thing in common: the loss of a life due to someone else’s negligence, recklessness, or intentional wrongdoing. Families who lose a loved one under these circumstances often face emotional and financial hardships. While no amount of money can bring back a loved one, a wrongful death claim can help ease the burden and hold the responsible party accountable.
Below are some of the most common causes of wrongful death cases and how they can lead to legal action.
Medical Malpractice
Doctors, nurses, and healthcare providers are trusted to give patients proper care. However, mistakes in hospitals and medical offices can have serious, even fatal, consequences. If a patient dies due to a doctor’s or hospital’s negligence, the family may be able to file a wrongful death lawsuit.
Some examples of medical malpractice that may lead to wrongful death include:
- Misdiagnosis or delayed diagnosis – If a doctor fails to diagnose a serious illness, such as cancer or heart disease, the patient may not receive the treatment they need in time.
- Surgical errors – Mistakes made during surgery, such as operating on the wrong body part, leaving surgical tools inside the patient, or using improper techniques, can lead to fatal complications.
- Medication errors – A patient can suffer severe harm if they are given the wrong medication or the incorrect dosage.
- Birth injuries – Mistakes made during childbirth can cause life-threatening injuries to the mother or baby.
- Failure to treat – If a doctor recognizes a patient’s condition but does not provide the proper treatment, their condition could worsen and result in death.
Medical malpractice cases can be complex because they require proving that a healthcare provider failed to meet the accepted standard of care. This often involves gathering medical records, expert testimony, and other evidence to show that the provider’s mistake directly caused the patient’s death.
Car Accidents
Car accidents are one of the leading causes of wrongful death cases. Thousands of people lose their lives in motor vehicle crashes every year, often due to negligent or reckless driving.
Some of the most common causes of fatal car accidents include:
- Distracted driving – Texting, eating, adjusting the radio, or talking on the phone while driving can lead to deadly crashes.
- Speeding – Driving above the speed limit reduces reaction time and increases the severity of an accident.
- Drunk or impaired driving – Drivers who are under the influence of alcohol or drugs pose a serious risk to others on the road.
- Reckless driving – Aggressive behaviors such as weaving through traffic, tailgating, or running red lights can cause fatal collisions.
- Defective vehicle parts – If a faulty brake system, defective tires, or other car defects contribute to a fatal accident, the vehicle manufacturer or parts supplier may be held responsible.
- Poor road conditions – If a government agency fails to maintain roads or does not properly mark hazardous areas, they may be liable for a wrongful death case.
When a driver or another party is found responsible for a fatal accident, the victim’s family can file a wrongful death lawsuit to seek compensation for medical bills, funeral costs, lost income, and other damages.
Workplace Accidents
Some industries have a higher risk of workplace fatalities than others, such as construction, manufacturing, and transportation. However, even in office settings, fatal accidents can happen due to unsafe working conditions, employer negligence, or defective equipment.
Common causes of wrongful death in the workplace include:
- Falls from heights – Lack of proper safety equipment or poorly maintained scaffolding can lead to fatal falls.
- Electrocution – Faulty wiring or lack of safety precautions can result in deadly electrical accidents.
- Machinery accidents – Heavy machinery, if not properly maintained or used, can cause fatal injuries.
- Exposure to toxic substances – Some workers are exposed to hazardous chemicals, which can lead to deadly illnesses over time.
- Lack of training – When employers fail to properly train workers on safety protocols, employees are at greater risk of injury or death.
While workers’ compensation may provide some benefits to families after a workplace fatality, it may not cover everything. The full extent of the losses often goes beyond what workers’ comp offers. In cases where a third party is responsible—such as a contractor, equipment manufacturer, or another company—a wrongful death lawsuit may be necessary. This can help secure full compensation for the family.
Defective Products
Companies have a legal duty to design, manufacture, and sell safe products. When a defective or dangerous product leads to someone’s death, the company responsible can be held accountable through a wrongful death lawsuit.
Some examples of defective products that may lead to wrongful death cases include:
- Defective vehicle parts – Brake failures, airbag malfunctions, or tire blowouts can cause fatal accidents.
- Unsafe prescription drugs – Medications with severe undisclosed side effects or manufacturing defects can be life-threatening.
- Dangerous household products – Faulty electrical appliances, unsafe baby products, or defective power tools can cause fatal injuries.
- Contaminated food or beverages – Foodborne illnesses from contaminated products can sometimes lead to death, especially in vulnerable individuals.
In product liability cases, it must be proven that the defective product was unreasonably dangerous and that the manufacturer, distributor, or retailer failed to warn consumers or correct the defect.
Criminal Acts
When someone is killed as a result of a violent crime, their family may be able to file a wrongful death lawsuit against the offender. This type of lawsuit is separate from criminal charges that the state may pursue. Even if the defendant is not convicted of a crime, they can still be held responsible in civil court for causing someone’s death.
Examples of criminal acts that can lead to wrongful death lawsuits include:
- Homicide – If someone is intentionally killed, their family can pursue a civil claim for damages.
- Assault and battery – If a violent attack results in a person’s death, the attacker may be sued in civil court.
- Robbery or burglary – If someone is killed during a home invasion or robbery, the victim’s family may have a wrongful death claim.
- Drunk driving – In cases where a drunk driver causes a fatal accident, the victim’s family may sue for wrongful death even if criminal charges are filed.
The burden of proof is lower in civil cases than in criminal cases. Because of this, families often have a stronger chance of winning a wrongful death lawsuit. This can be true even if the accused is not convicted of a crime.
Who Can File a Wrongful Death Lawsuit?
Not just anyone can file a wrongful death claim. In most cases, the deceased person’s estate’s personal representative files the lawsuit for the surviving family members. In Florida, those who may receive compensation include:
- The deceased person’s spouse
- Children (including minor children and, in some cases, adult children)
- Parents of the deceased
- Other family members who were financially dependent on the deceased
There’s also a time limit for filing these cases. In Florida, families generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline could mean losing the right to seek compensation, so it’s important to act quickly.
What Compensation is Available in a Wrongful Death Lawsuit?
Losing a loved one affects families in many ways, from emotional pain to financial struggles. A wrongful death lawsuit can help ease some of these burdens by covering:
Financial (Economic) Losses
- Medical bills related to the deceased’s final injury or illness
- Funeral and burial costs
- Lost income and financial support the deceased would have provided
- Loss of benefits, like retirement contributions or health insurance
Emotional (Non-Economic) Losses
- Pain and suffering experienced by surviving family members
- Loss of companionship and guidance
- Emotional distress caused by the loss
Punitive Damages
In some cases, if the responsible party acted in an especially reckless or harmful way, the court may award punitive damages. These are meant to punish the wrongdoer and prevent similar situations from happening in the future.
How Do You Prove a Wrongful Death Case?
To win a wrongful death lawsuit, the family’s legal team must prove:
- Duty of Care – The responsible party had a duty to keep the deceased safe (for example, a doctor must provide proper medical treatment, and a driver must follow traffic laws).
- Breach of Duty – The responsible party failed to uphold their duty (such as a doctor making a mistake or a driver running a red light).
- Causation – The responsible party’s actions directly led to the death.
- Damages – The family has suffered emotional and/or financial losses as a result.
To prove these elements, attorneys gather evidence such as medical records, accident reports, expert testimony, and witness statements. The stronger the evidence, the better the chances of winning the case.
Why Hiring an Attorney is Important
Wrongful death cases can be complicated, and insurance companies often try to pay as little as possible. That’s why working with an experienced wrongful death attorney can make a huge difference. A skilled lawyer can:
- Handle the legal process so you can focus on grieving and healing
- Collect important evidence and build a strong case
- Negotiate with insurance companies for a fair settlement
- Represent you in court if necessary
At William W. Price P.A., we understand how difficult this time is for families. Our team is dedicated to providing compassionate legal guidance while fighting for the justice and compensation you deserve. With decades of experience in general liability and professional liability claims, we are here to help you every step of the way.
What is a Wrongful Death Lawsuit: Contact Us for a Free Consultation
If you’ve lost a loved one due to someone else’s negligence, you don’t have to go through this alone. Contact William W. Price P.A. today to learn more about your legal options. Our team is ready to help you seek justice and financial support for your loss.
Schedule a free consultation today to get started.
