How to File for a Wrongful Death Settlement in Florida

| Jan 9, 2023 | Firm News

Families affected by the sudden passing of a beloved family member are often left with a heavy burden of grief and pain. This can be accompanied by financial difficulties resulting from medical bills, a decreased family income, and the lack of support and guidance that the deceased person provided.

When a person or organization’s wrongful behavior leads to the death of another, family members may seek damages through a wrongful death claim in Florida. The law is meant to aid survivors and help them recuperate from the financial and psychological losses they have endured. Read on to learn more about how settlements or judgments for wrongful death claims are handled.

Cases of Wrongful Death in Florida

In Florida, wrongful death is defined as death resulting from an unlawful act, negligence, default, or breach of contract or warranty. To be eligible for a wrongful death claim, the action causing the death must be one that could have resulted in a personal injury lawsuit if the deceased had survived. This means that family members of the deceased may bring forth a wrongful death action if the death resulted from an illegal act, and had the victim lived, they would have been able to file a personal injury claim.

Wrongful death lawsuits are legal proceedings brought by the deceased person’s estate. The person who brings the claim is typically the executor or administrator of the deceased’s estate, and they are responsible for initiating the lawsuit. In these cases, the court or a jury will determine if the death was caused by the negligence or wrongful act of another person or entity; if so, certain members of the deceased’s family may be awarded damages for their loss.

Cases That Can Lead to Wrongful Death Suits

  • Medical malpractice

Healthcare providers can be held responsible for a patient’s death if their mistake caused it. Examples of errors that could lead to a medical wrongful death suit include incorrect diagnosis, surgical mistakes, birth injuries, inadequate aftercare, or mistakes with medication.

  • Product liability

In cases of fatal product use, manufacturers or distributors may be held liable if the death resulted from using the product as intended or in a manner consistent with the product’s labeling. Additionally, a claim may be brought if the product’s instructions are inadequate to prevent consumer harm.

  • Vehicular accident

A wrongful death claim can also be filed when a person’s careless or reckless behavior leads to the death of another person. This could include any accident caused by a driver being distracted, going too fast, or driving under the influence of drugs or alcohol.

Pursuing Damages

In a wrongful death case, certain family members of the deceased can pursue damages for losses sustained due to their loved one’s death. These damages may include compensation for financial support, emotional distress, medical expenses, and loss of companionship.

In some cases, punitive damages may also be available if the death was caused by a particularly reckless or intentional act. The types of damages that can be claimed as compensation for the death of a loved one will depend on the relationship the claimant had with the deceased.


Wrongful death settlements in Florida are a vital part of the legal system. They provide compensation to the family of a person who has been wrongfully killed due to the negligence or misconduct of another. Every case is different and requires a thorough investigation. It is important to remember that wrongful death settlements are not intended to replace the loss of a loved one but to provide financial relief to the victim’s family.

If you need a Florida wrongful death lawyer, turn to Mendes, Reins & Wilander. They are a personal injury law firm, and their practice areas include major and catastrophic injury, nursing home and assisted living neglect and abuse, medical malpractice, wrongful death, and vehicle accidents. Get help now.