Losing a loved one is always difficult, emotionally, practically, and sometimes financially. When that family member was taken from you through someone else’s negligence or intentional act, you may be entitled to compensation. Fair compensation won’t make up for the loss of your loved one, but can provide the resources your family needs to get through the transition.
Wrongful death claims can be complicated. This page provides an overview of the key questions and steps, such as:
- How do you know if you have a wrongful death claim?
- Who can file a wrongful death case?
- How long do you have to file?
- What is the difference between a wrongful death case and a survival action?
- What kind of damages are available in a wrongful death case?
Wrongful Death With Holt Harrell
The best way to get reliable answers to these questions is to talk to an experienced wrongful death lawyer in Jacksonville. The wrongful death lawyers at Harrell & Harrell have decades of experience helping families pursue justice and recover damages after the loss of a loved one. You can schedule a free consultation to learn more about your rights and options right now by calling (904) 251-1111 or filling out our contact form.
How to Know Whether You Have a Wrongful Death Claim
In Florida, you may be entitled to damages for wrongful death if you are an eligible family member and:
- The death resulted from the wrongful act, negligence, default, or breach of contract or warranty, and
- The deceased could have filed suit if they had lived
An experienced wrongful death attorney can help determine whether these requirements are met.
Who Can File a Wrongful Death Case?
A Florida wrongful death case is filed for the benefit of surviving family members. But the family can’t actually initiate the lawsuit. The only person who has standing to file a wrongful death suit in Florida is the personal representative of the deceased’s estate. In some cases, that will be one of the family members who is entitled to compensation, but not always.
If you are the personal representative of an estate, you probably weren’t expecting filing lawsuits to be part of your job. Fortunately, you don’t have to sort it out alone. An injury attorney in Jacksonville with experience in wrongful death cases can handle most aspects of the process for you, and can guide you through your part.
How Long Do You Have to File a Wrongful Death Claim?
The statute of limitations for wrongful death cases in Florida is two years. In most cases, that means two years from the date of death. However, it’s important to check with a wrongful death attorney. There are exceptions, such as:
- The deadline may be different if the responsible party is a government entity
- In certain types of cases, the two year period may start to run later–for example, when medical malpractice caused the death but that wasn’t discovered right away
- Often, the personal representative may also be able to bring a survival action–but the statute of limitations for a survival action may run out sooner than the statute of limitations for wrongful death
Regardless of the statute of limitations, there are many reasons it makes sense to contact a wrongful death lawyer as soon as possible after the death. An early start makes evidence gathering easier, allows the personal representative to wrap up their responsibilities sooner, and may help get compensation to the family sooner.
What is the Difference Between a Wrongful Death Claim and a Survival Action?
The personal representative–with the help of a wrongful death lawyer–will have to determine whether to file a wrongful death claim, a survival action, or both. Here are the key differences:
| Wrongful Death | Survival Action | |
| Brought on behalf of… | Qualifying family members | The deceased’s estate |
| Damages available include… | Losses suffered by family members | Certain damages suffered by the deceased |
| Statute of limitations typically begins to run on… | The date of death | The date of the incident causing death |
There is one other important difference between wrongful death claims and survival actions. Because a wrongful death suit is filed on behalf of the surviving family members, any settlement or jury award goes directly to them–those funds are not available to creditors of the estate. Since the survival action is brought on behalf of the estate, any award or settlement is paid to the estate. Like other estate funds, those proceeds are available to pay debts of the deceased. If there are funds left over after those obligations are covered, the remainder will be distributed to the deceased’s beneficiaries. Those beneficiaries may or may not be the same people who benefit from a wrongful death action.
What Kind of Damages are Available in a Wrongful Death Case?
In a wrongful death case, the type of damages available depends on the relationship to the deceased. The two groups who are entitled to the most extensive types of compensation are the surviving spouse and children of the deceased who are under the age of 25. For a surviving spouse, these damages include loss of services and support, mental anguish, and loss of companionship and protection. Damages for children are similar.
Other categories, including parents of the deceased and any blood relative or adopted sibling who was dependent on the deceased for support, may be entitled to more limited compensation.
In a survival action, the estate can recover certain specific costs, such as medical expenses necessitated by the act that caused the death, funeral expenses, and some lost earnings. The possible damages are more limited than they would have been if the deceased had lived and filed a personal injury suit.
Take the First Step Today – Talk to Our Wrongful Death Lawyers
At Harrell & Harrell, we know how stressful the time after losing a loved one can be. We also know that financial stress can make a bad time worse. Our wrongful death lawyers are here to help you recover the compensation the family needs to help recover and move forward. Call us today at (904) 251-1111.