What is the Florida Wrongful Death Act and What Does it Mean for Your Loved One?

The Florida Wrongful Death Act, Florida Statute Sections 768.16-768.26 (2020) permits survivors of the deceased to be compensated for the passing of a loved one due to another person’s negligence. For more information on what is necessary to prove a wrongful death case, click here.
 
Damages There are two different kinds of damages in wrongful death cases.  The first kind of damages belong to the survivors.  Survivors can be compensated for the value of:

• Lost support from the decedent, which means money as well as contributions in kind.

• Lost services from the decedent, which are usually of a household nature like cooking and cleaning.

  • Lost support and services not only include from the date of the decedent’s injury to her or his death, with interest, but also future loss of support and services from the date of death and reduced to present value.

• Loss of the decedent’s companionship, protection, and for mental pain and suffering from the date of injury.

The second kind of damages belong to the decedent’s estate which are called net accumulations. The Act permits recovery for money that the decedent would have saved from her or his net business or salary income, including pension benefits. Additionally, Florida’s Personal Injury Protection Statutes (PIP) provides a $5,000 death benefit per individual.
 
Who can file a Florida wrongful death claim?
Only the personal representative of the decedent may file a wrongful death claim in the state of Florida. If a personal representative is not designated in the deceased’s will, relatives must file for a personal representative to be appointed in probate court. This person represents all of the survivors of the deceased. A survivor of the decedent is:

• A spouse

• Children

• Parents

• Any blood relatives, including the above, and adoptive brothers and sisters if the person is partly or wholly dependent on the decedent for support or services.

Interestingly, the Act does not treat children born out of wedlock the same when determining whether a child is a survivor.  A child born out of wedlock of the mother is a survivor.  However, the child born out of wedlock of the father is not a survivor unless the father has recognized a responsibility for the child’s support. The personal representative also represents the estate of the decedent.
 
Losing a loved one is never easy, especially due to someone's negligence. If you are reading this after the loss of a loved one, we would like to extend our sincerest condolences. You should not have to go through this process alone. A wrongful death attorney can guide you through the process of filing a wrongful death claim and achieving justice for the wrong that your family has suffered. Contact Simpson-Cannon Law Firm today at 561-721-6255.