Do I Have a Medical Malpractice Claim in Florida?
Losing a loved one is always heartbreaking, but this feeling is compounded when others are responsible for an untimely death. If you believe your loved one lost their life as a result of another party’s negligent or intentional act, our firm is here to fight for you. Contact an experienced Indian River County wrongful death lawyer from Ullian Trial Law for a free consultation today. We’re here to listen to your story and devise a comprehensive strategy on your behalf.
Under Florida Statutes §768.19, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. This could involve a careless driver, a medical provider who failed to follow the accepted standard of care, or a company that sold a dangerously defective product. The purpose of the wrongful death statute is twofold: to hold the responsible party legally accountable and to provide financial compensation to the decedent’s survivors and estate.
In Florida, these cases must be brought by the personal representative of the deceased person’s estate. This representative is either named in the decedent’s will or appointed by the court. They act on behalf of both the estate and the surviving family members who are entitled to recover damages.
Wrongful death cases can arise from a wide variety of incidents, but certain scenarios are more frequently at the heart of these claims. Motor vehicle accidents are one of the leading causes, particularly crashes involving drunk or distracted drivers, large commercial trucks, or high-speed collisions. In these cases, a driver’s momentary lapse in judgment can have fatal consequences.
Medical malpractice is another significant contributor. This can involve surgical errors, failure to diagnose serious conditions like cancer, or medication mistakes that prove fatal. In Florida, the law imposes unique procedural requirements on medical malpractice wrongful death cases, such as pre-suit investigations and expert witness affidavits, making it critical to work with an attorney familiar with these complexities.
Other common causes include workplace accidents, especially in industries like construction, manufacturing, and maritime work. Fatal injuries can result from falls, machinery malfunctions, or exposure to hazardous substances. Defective products, ranging from unsafe vehicles to faulty medical devices can also lead to fatal injuries, with liability often falling on the manufacturer or distributor.
Additionally, wrongful deaths can occur as the result of intentional acts, including violent crimes. In such cases, a civil wrongful death claim can proceed independently of any criminal prosecution, and the burden of proof in civil court is different from that in criminal court.
Florida law is very specific about who may benefit from a wrongful death lawsuit. Only the personal representative of the decedent’s estate can formally file the claim, but they do so for the benefit of certain survivors. Eligible survivors typically include:
It is important to note that “survivors” under Florida law is a defined term and does not automatically include all family members. For example, siblings or grandparents are not considered survivors unless they can prove legal dependency.
The personal representative’s claim will detail all known survivors and the nature of the damages each is seeking.
Financial compensation in a wrongful death claim is designed to address both the economic and non-economic losses experienced by survivors and the estate. Survivors may recover for lost support and services the decedent provided, both from the date of injury to the date of death and projected into the future. The value of this support is based on the decedent’s income, life expectancy, and the relationship between the survivor and the decedent.
Spouses can seek damages for loss of companionship and protection, as well as for the emotional pain and suffering caused by the death. Minor children can recover for lost parental companionship, instruction, and guidance, along with mental pain and suffering. Parents of a deceased minor child can also recover for mental pain and suffering, and in some cases, parents of an adult child may as well.
The estate itself may recover for lost earnings from the date of injury to the date of death, medical and funeral expenses paid by the estate, and the value of lost net accumulations—the savings and wealth the decedent would likely have accumulated had they lived. Funeral and burial expenses are a unique aspect of wrongful death damages, ensuring that families are not burdened with these significant costs.
While no monetary award can truly compensate for the loss of a loved one, these damages can help provide financial stability, cover immediate expenses, and acknowledge the profound emotional impact survivors endure. An experienced wrongful death attorney can ensure that all eligible categories of damages are pursued and that the evidence presented supports the maximum possible recovery.
Here at Ullian Trial Law, we understand that no amount of compensation can bring your loved one back. However, this compensation can be used to help offset some of the financial burdens incurred as a result of the death, as well as help attain a sense of justice. If your loved one is a wrongful death victim, please don’t hesitate to contact a compassionate South Florida wrongful death lawyer from Ullian Trial Law for a free consultation today.
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