In Florida, wrongful death cases are governed by Chapter 768, Florida Statutes and related case law. Chapter 768 sets forth in detail who can bring forth a legal action for the wrongful death of a family member, what damages can be pursued, and which persons qualify as beneficiaries or survivors in a wrongful death case.
Interpreting and understanding the details and nuances of Chapter 768, Florida Statutes and other laws pertaining to a Florida Wrongful Death Case can be very complex and difficult. Because of this, it is important for surviving family members to consult with a Florida Wrongful Death Attorney for consultation, advice, and legal representation regarding these matters. Businesses and insurance companies have their own attorneys and so should a family member dealing with the stressful aftermath of the wrongful death of a loved one.
Florida laws pertaining to wrongful death are not necessarily fair or rational. Some of the provisions of Florida's Wrongful Death Act have been challenged on constitutional grounds, but most have failed. The statutory scheme set forth by the Florida legislature is the law of Florida and must be followed in order to be able to pursue a claim for compensation and damages when a loved one dies due to the fault or negligence of a person, business, or government.
The standard of proof in a Florida Wrongful Death case is similar to that of other civil cases. The Plaintiff must prove the facts supporting the elements of the wrongful death case by a preponderance of the evidence. This is the "more likely than not" standard of proof which is different than the proof required in a criminal case. The standard in criminal cases that a prosecutor must satisfy is beyond a reasonable doubt. While the standard of proof is not as strict in a civil case, it can often times be challenging to prove that negligence was the cause of death in a civil case. In most cases, there will be testimony from medical experts to support the proposition that the death was most likely caused by the negligent act or conduct of others.
A Florida Wrongful Death case is a certain type of a personal injury case. A Florida Wrongful Death case can be pursued as a result of the death of a child OR as a result of the death of an adult. The statute of limitations for a Florida Wrongful Death case is located under Section 95.11 (4), Florida Statutes. A wrongful death action must be brought within 2 years from the date of the incident. For a typical automobile accident case, the statute of limitations is 4 years from the date of the crash; however if a wrongful death results from this automobile crash, then the applicable statute of limitations would be 2 years from the death of the incident assuming that the victim died on the same day as the crash.
Certainly, the death of a loved one is a serious matter. Compensation will NEVER replace the loved one who was a family member and a real person. Some may say what is the point of pursuing a case or cause of action for the wrongful death of a person since compensation will not fix the problem or bring that person back to life. While these are valid concerns, justice is justice. Right is right. A case or claim should be pursued for the benefit of the loved ones left behind who will suffer a lifetime of sorrow and emptiness due to the negligence of another person, business entity, or government entity.
David A. Wolf has 25 years of experience in the field of personal injury including the wrongful death of adults and the wrongful death of adults. He is the author of over 3000 articles focusing on personal injury and safety issues. He is the author of 5 books including one that focuses on the Florida Wrongful Death Act and, in particular, the death of a child. The book is titled - When a Parent's World Goes From Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act. Get D Wolf On Your Side - At Your Side. All personal injury and wrongful death consultations are free of charge and can be set up days, nights, weekends, and holidays. David A. Wolf is available to you. Call David A. Wolf at (904) 699-8366 Mobile to get his immediate input and consultation on your potential case or claim.