Losing a loved one is devastating under any circumstances. When that loss is caused by someone else’s negligence or wrongdoing, the grief is compounded by a sense of injustice that families should not have to carry alone.
At Lucas, Macyszyn & Dyer, Injury Lawyers, we help families across West Central Florida pursue wrongful death claims. We cannot undo the loss, but we fight to hold the responsible parties accountable and recover the compensation your family needs and deserves. If your loved one died as a result of someone else’s carelessness or recklessness, contact us today for a free consultation.
Florida law defines wrongful death as a death that occurs due to “the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued.”
Common circumstances giving rise to a wrongful death claim include:
A sudden loss creates immediate financial burdens alongside profound grief. Families face the direct cost of funeral services and burial or cremation, as well as medical expenses incurred before death. The average funeral in Florida costs approximately $6,500, with additional costs for a casket, burial plot, and grave markers.
If the deceased was an income earner for the household, the family faces ongoing financial hardship from the loss of income and benefits, including health insurance coverage. Over the long term, the family also loses the net accumulation to the estate and potential inheritance that would have built up over the course of the deceased’s career.
For most families, the financial impact takes a backseat to the psychological effects. A spouse loses love, companionship, consortium, comfort, and society. Children lose the nurturing, guidance, and instruction of a parent. Parents who have lost a child suffer extraordinary mental pain. All of these losses are recognized under Florida’s wrongful death law and are accounted for in a properly prepared wrongful death claim.
Under Florida law, family members cannot file a wrongful death claim directly. Instead, the executor of the deceased person’s estate files the claim on behalf of the deceased’s beneficiaries.
The claim is initially filed with the liability insurance provider of the at-fault party. The specific policy depends on how the death occurred:
When the insurance provider receives the claim, they may pay it, deny it, or offer a settlement for less than the full value. If they fail to offer fair compensation, the next step is filing a wrongful death lawsuit.
Florida’s statute of limitations for wrongful death claims is two years from the date of death. This is a hard deadline. Failing to file a lawsuit within that timeframe generally forfeits the right to use the court system to seek compensation.
Without the possibility of a lawsuit, most insurance companies have no financial incentive to offer a reasonable out-of-court settlement. Time also matters for evidence preservation. Witness memories fade, surveillance footage gets overwritten, and accident scene conditions change. The sooner an attorney gets involved, the stronger the case.
Florida requires drivers to carry personal injury protection (PIP) insurance of at least $10,000, which covers medical expenses and partial wage loss regardless of fault and extends to household members. Florida PIP policies also provide a $5,000 death benefit for qualifying family members of a deceased person named on the policy.
While the PIP death benefit is one avenue for compensation, it does not replace a wrongful death claim. Wrongful death claimants can pursue a lawsuit in addition to the PIP benefit to recover non-economic damages and other losses that PIP does not cover. Importantly, death meets Florida’s serious injury threshold, so this limitation that applies to personal injury claimants does not apply here.
Many individuals feel that the easiest way to obtain compensation for their injuries is through their personal injury protection (PIP) policy. In Florida, drivers must purchase a PIP policy of at least $10,000 to provide partial coverage of medical expenses and wage loss after an accident, regardless of fault. This coverage extends to members of the driver’s household.
PIP policies in Florida also provide a $5,000 death benefit for family members of a deceased person named on the policy.
While the PIP death benefit is certainly an option for seeking compensation, wrongful death claimants can file a lawsuit in addition to the PIP benefit to pursue an expanded list of items for which they can obtain compensation, such as the non-economic impacts of the loss.
While those who are injured can only use the personal injury claims process to seek compensation for their injury if the injury meets the state’s serious injury definition, this is not an issue for wrongful death claimants, as death meets the threshold.
For a wrongful death claim to succeed, the attorney must demonstrate that someone else’s negligence caused the fatal accident. This requires evidence and witness testimony establishing three elements:
A wrongful death attorney provides services that most families are not equipped to manage while also grieving. In addition to identifying liability and available insurance resources, an attorney can:
When you’re dealing with a wrongful death claim, you need a firm with the experience, resources, and dedication to go up against insurers and other powerful parties. At LMD, you get:
If someone you love died because of another person’s or party’s negligence, the attorneys at Lucas, Macyszyn & Dyer, Injury Lawyers are ready to help you seek justice. Contact us today for your free case evaluation. Let us handle the legal process so you can focus on your family and your healing.
(727) 849-5353