Damage Allocation for Wrongful Death Cases in Florida

| Feb 10, 2023 | Firm News

Wrongful death cases in Florida can be a difficult and emotional time for affected families. Wrongful death is when a person dies due to the negligence, recklessness, or intentional act of another person or entity, such as a business, government, or other organization. In such cases, surviving family members can pursue legal action to seek compensation for their loss.

What Are the Wrongful Death Laws in Florida?

Under Florida law, a wrongful death claim may be brought by the deceased’s surviving spouse, children, or parents. A wrongful death claim must be filed within two years of the date of death. The claim must include the names and relationships of all surviving family members who are entitled to compensation.

In order to prove a wrongful death claim, the plaintiff must demonstrate that the death was caused by another party’s negligence or intentional act. This includes any type of medical malpractice, motor vehicle accident, defective product, or act of violence. The plaintiff must also demonstrate that the negligent party would have been liable in damages if death had not ensued.

In addition to damages for the deceased’s estate, Florida wrongful death laws also allow for damages to compensate certain surviving family members for their pain and suffering. This includes compensation for the loss of companionship, guidance, and support.

What Damages Are Compensated in a Wrongful Death Lawsuit?

In Florida, the deceased’s family may be able to seek damages for funeral and burial expenses, loss of income, emotional pain and suffering, and loss of companionship. Funeral and burial expenses are typically the most immediate and costly losses associated with wrongful death. This includes the cost of the funeral, burial, and any other related expenses, such as flowers and obituaries.

In addition to funeral and burial expenses, family members who were dependent on the deceased  may also be able to seek damages for the loss of income. This can include lost wages, salaries, bonuses, and other benefits that the deceased would have earned had they not been killed. It can also include any pension or retirement benefits to which the deceased was entitled.

Certain family members of the deceased can also seek damages for emotional pain and suffering. This includes grief, sorrow, and mental anguish caused by the death of the loved one. It can also  include any medical bills associated with treating the emotional trauma caused by the death.

What Factors Are Considered in a Wrongful Death Case?

When filing a wrongful death lawsuit in Florida, certain factors must be taken into consideration. These include:

1. Negligence

Negligence is the failure to act reasonably and prudently, resulting in injury or death. To prove negligence, it must be shown that the other party had a duty to the deceased person, that the other party breached that duty, and that the breach of duty was the cause of death.

2. Intentional Acts

Intentional acts are done with a conscious disregard for the safety of another person, resulting in injury or death. To prove an intentional act, it must be shown that the other party intended to cause harm, that the act was the direct cause of death, and that the act was done with a conscious disregard for the safety of the deceased person.

3. Statutory Liability

Statutory liability is a form of liability imposed by the state on certain parties. For example, a property owner may be held liable for wrongful death if their negligence created an unsafe environment that caused the death of a person.

4. Defective Products

Defective products may also be liable for wrongful death if found to be the cause. This includes products that are defectively designed, manufactured, or labeled. The product manufacturer may be liable for wrongful death if it is found that the product was the direct cause of death.


The state of Florida allows for a wrongful death claim to be filed when someone dies due to another person’s negligence. To file a claim, the surviving family members must be able to prove that the negligence of the other party caused the death and that the negligent party would have been liable in damages if death had not ensued. If the family successfully proves their case, they may be awarded damages for their loss.

If you need a wrongful death attorney in Florida, you can hire us at Mendes, Reins & Wilander. Seek justice for the people you love with our services. Get in touch with us at Mendes, Reins & Wilander to learn more about what we can do for you.