Few experiences in life are as devastating as losing a loved one unexpectedly, especially when the loss is the result of someone else’s negligence or misconduct.
The grief can be overwhelming, leaving families not only with emotional pain but also with financial strain, unanswered questions, and a deep sense of injustice.
While nothing can truly replace the presence of a loved one, Florida law provides a way for families to seek accountability through a wrongful death claim.
Wrongful death occurs when a person’s life is cut short due to the wrongful actions, negligence, or recklessness of another individual or entity. These cases are civil claims filed to recover financial compensation for the surviving family members and the deceased’s estate.
At DeGraff Hicks Law Group, our personal injury attorneys in Cocoa Beach understand the immense burden families face after a wrongful death. Our team is here to provide not just legal support but also compassionate guidance throughout this painful process.
Schedule a free and confidential consultation with our Cocoa Beach wrongful death lawyers today by calling (321) 44-SHARK.
What is Wrongful Death Under Florida Law?
In Florida, wrongful death cases are governed by the Florida Wrongful Death Act, found in Florida Statutes §§ 768.16 and 768.26.
This legislation establishes the framework for how wrongful death claims are filed, who may recover damages, and what types of compensation are available.
Definition
Under Florida law, a wrongful death occurs when a person’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty of another.” Essentially, if the deceased could have filed a personal injury claim had they survived, then their family may file a wrongful death claim after their passing.
Civil vs. Criminal Proceedings
It is important to distinguish between wrongful death claims and criminal charges such as homicide or manslaughter. Criminal cases are brought by the state to punish the wrongdoer with jail or prison time.
A wrongful death claim, on the other hand, is a civil action seeking monetary damages for the benefit of surviving family members. Both types of cases may arise from the same event, but they serve different purposes.
If you have questions about a claim, call to schedule a free consultation with our Cocoa Beach wrongful death lawyers.
Examples of Wrongful Death Situations
Wrongful death claims may arise in a variety of tragic circumstances, including:
- Motor vehicle accidents caused by reckless or impaired drivers.
- Medical malpractice, such as misdiagnosis, surgical errors, or medication mistakes.
- Nursing home abuse or neglect leading to preventable fatalities.
- Workplace accidents, especially in dangerous fields like construction or manufacturing.
- Defective products, from faulty medical devices to unsafe consumer goods.
- Premises liability accidents, where unsafe property conditions cause deadly incidents.
Each case requires a careful legal investigation from a wrongful death lawyer near you to determine liability and identify all responsible parties.
Who Can File a Wrongful Death Claim in Florida?
Unlike some states where multiple family members can independently file claims, Florida law is specific about who has the authority to bring a wrongful death action.
Personal Representative
The claim must be filed by the personal representative of the deceased’s estate. This person is often named in the deceased’s will or estate plan. If no personal representative was designated, the court will appoint one.
Beneficiaries
While the personal representative files the lawsuit, the claim is brought on behalf of the deceased’s survivors and the estate.
Survivors eligible for compensation under Florida law include:
- Surviving spouse
- Children (minor and sometimes adult, depending on circumstances)
- Parents of the deceased
- Other blood relatives or adoptive siblings who were dependent on the deceased for financial or emotional support
The statute is designed to ensure that those most affected by the death receive fair compensation for their losses.
Common Causes of Wrongful Death in Cocoa Beach
In Brevard County and across Florida, wrongful deaths can occur in many different ways.
Some of the most common causes our Cocoa Beach wrongful death lawyers handle at DeGraff Hicks Law Group include:
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are one of the leading causes of wrongful death in Florida. These tragedies often occur because of drunk driving, texting while driving, speeding, or reckless behavior on the road. Truck accidents, in particular, can be catastrophic due to the size and weight of commercial vehicles.
In these cases, not only the driver but also trucking companies, maintenance providers, or manufacturers of faulty parts may be held responsible.
Families who lose a loved one in a crash are often left with significant medical expenses, funeral costs, and the sudden loss of financial support. A wrongful death claim helps pursue accountability and secure resources to ease these burdens.
Let our wrongful death lawyers help you with justice for your loved one.
Medical Malpractice
When doctors, nurses, or other healthcare providers fail to meet the standard of care, the consequences can be fatal. Wrongful death from medical malpractice may involve surgical errors, birth injuries, misdiagnosis, delayed diagnosis, or improper treatment.
For instance, if a physician fails to diagnose cancer in its early stages, the patient may lose valuable time for treatment and pass away unnecessarily.
Hospitals and healthcare institutions may also bear responsibility for systemic issues such as understaffing, lack of training, or poor sanitation practices.
These cases are often complex, requiring expert testimony to establish negligence, but they are crucial for holding medical professionals accountable.
Nursing Home Neglect or Abuse
Florida has a large elderly population, and many families rely on nursing homes to care for their loved ones. Unfortunately, neglect and abuse in these facilities can lead to wrongful death.
Examples include residents suffering from malnutrition, dehydration, untreated bedsores, or medication errors. In more disturbing cases, physical abuse or intentional mistreatment may cause premature death.
Families entrust nursing homes with the well-being of their relatives, and when facilities fail in this duty, legal action becomes necessary to protect other vulnerable residents and deliver justice to the grieving family.
Workplace and Construction Accidents
Workplaces, particularly in construction, manufacturing, and transportation, carry high risks. Fatal accidents may result from falls from scaffolding, being struck by heavy machinery, exposure to toxic substances, or electrocution.
While workers’ compensation offers limited death benefits, it often fails to fully address the losses suffered by families. If third-party contractors, equipment manufacturers, or negligent property owners contributed to the unsafe conditions, wrongful death claims can be pursued against them.
These cases not only seek compensation but also push employers and industries to improve safety standards for other workers.
If you have lost a loved one while they were on the job, schedule a free consultation with a trusted Cocoa Beach wrongful death lawyer.
Dangerous Property Conditions
Property owners are obligated to maintain safe conditions for visitors. Wrongful deaths can occur when businesses or landlords ignore hazards such as broken staircases, faulty wiring leading to fires, inadequate security in high-crime areas, or unfenced swimming pools.
For example, if a hotel fails to provide sufficient lighting in a parking lot and a guest is fatally assaulted, the property owner may be liable for negligent security.
These cases often fall under premises liability law, highlighting the importance of regular inspections and prompt repairs to protect guests and tenants.
Defective Products
Manufacturers have a duty to design and produce safe products. When defects in vehicles, household appliances, children’s toys, or medical devices cause fatal accidents, families can pursue wrongful death claims under product liability law.
For instance, a car with defective airbags or brakes may fail to protect passengers during a crash, leading to death.
Similarly, unsafe medications or medical devices can cause severe complications or fatal reactions.
These claims are vital not only for compensating victims’ families but also for encouraging corporations to prioritize consumer safety and prevent similar tragedies in the future.
It is important you speak with a skilled Cocoa Beach wrongful death lawyer as soon as possible.
Types of Compensation Available
One of the main purposes of a wrongful death claim is to alleviate the financial and emotional burdens that come with losing a loved one. Compensation may include both economic and non-economic damages.
Economic Damages
These damages can include, but are not limited to:
- Medical expenses related to the treatment of the deceased before death.
- Funeral and burial costs incurred by surviving family members.
- Lost wages and benefits that the deceased would have earned had they lived.
- Loss of support and services the deceased provided to their family, such as childcare or household maintenance.
Non-Economic Damages
These can include:
- Loss of companionship, guidance, and protection for spouses, children, and parents.
- Pain and suffering endured by survivors, especially minor children and parents of a deceased child.
- Emotional distress, including grief, depression, and the long-term impact of losing a loved one.
In some situations, courts may grant punitive damages when the defendant’s conduct is especially reckless or deliberate. Unlike compensation meant to support surviving family members, these damages are designed to penalize the wrongdoer and discourage similar harmful behavior in the future.
Speak with experienced Cocoa Beach wrongful death lawyers today to help you understand what damages you may be able to recover.
Florida Statute of Limitations for Wrongful Death
In Florida, wrongful death claims are subject to strict filing deadlines.
General Two-Year Deadline
The statute of limitations for wrongful death is generally 2 years from the date of death. This means that if a claim is not filed within that time frame, the court will most likely dismiss it, regardless of its merits.
Importance of Acting Quickly
While two years may sound like a long time, investigating a wrongful death case often requires gathering medical records, accident reports, witness statements, and expert evaluations. Acting as soon as possible not only preserves evidence but also ascertains you have the strongest possible case.
Certain circumstances, such as wrongful deaths caused by medical malpractice or government entities, may involve shorter deadlines or special procedural requirements. Speaking with a Cocoa Beach wrongful death lawyer as soon as possible helps protect your rights.
How a Cocoa Beach Wrongful Death Lawyer Can Help
Losing a loved one is already overwhelming—navigating complex legal processes at the same time can feel impossible. That’s where DeGraff Hicks Law Group comes in. Our Cocoa Beach wrongful death lawyers and team provide comprehensive legal support tailored to the needs of grieving families.
Investigating the Cause of Death
We conduct thorough investigations into the circumstances surrounding your loved one’s death. This may involve accident reconstruction, reviewing medical records, interviewing witnesses, and consulting with experts.
Gathering Evidence and Expert Testimony
Strong evidence is the backbone of a wrongful death case. Our Cocoa Beach wrongful death lawyers collect documents, photographs, safety inspection reports, and expert opinions to demonstrate negligence and liability.
Handling Negotiations with Insurance Companies
Insurance companies often try to minimize payouts or deny claims altogether. Our Cocoa Beach wrongful death lawyers stand up to insurers on your behalf, ensuring you are not taken advantage of during such a vulnerable time.
Representing Families in Court
While many cases are resolved through settlement, some require trial. Our attorneys are seasoned litigators who will present a compelling case before a judge and jury to fight for full justice.
Providing Compassionate Support
We understand that legal proceedings are only one part of your journey. Our wrongful death lawyers and staff provide compassionate guidance, keeping you informed and supported at every stage. You are never just another case file; we treat your family’s loss with the respect it deserves.
FAQs About Wrongful Death Claims in Florida
How is wrongful death different from homicide charges?
Wrongful death is a civil claim for monetary damages, while homicide is a criminal charge prosecuted by the state. Both may arise from the same incident, but they proceed in separate courts with different outcomes.
Can multiple family members file a claim?
No. Only the personal representative of the estate may file, but the claim is filed on behalf of all eligible beneficiaries. The court will ensure fair distribution of damages.
What if the deceased was partly at fault?
Florida follows a modified comparative negligence rule. If the deceased was partially responsible, compensation may be reduced based on their percentage of fault. However, families may still recover damages as long as the deceased was not primarily at fault.
How long does a wrongful death case take in Florida?
The timeline varies. Some cases may settle within months, while others involving contested liability or complex medical evidence can take years. Our Cocoa Beach wrongful death lawyers works diligently to resolve cases efficiently while pursuing maximum compensation.
Seek Justice for Your Loved One—Call Our Cocoa Beach Wrongful Death Lawyers Today
Losing a family member because of someone else’s negligence is an incredibly heartbreaking experience. Although compensation can never replace their presence, filing a wrongful death claim can help secure financial support, hold the liable people accountable, and ascertain justice.
At DeGraff Hicks Law Group, our Cocoa Beach wrongful death lawyers are dedicated to helping families in Cocoa Beach, Palm Bay, Titusville, and throughout Brevard County navigate this difficult process with compassion and determination.
You don’t have to go through this alone. We are here to fight for your family’s rights and ensure that those responsible are held accountable. Call DeGraff Hicks Law Group today (321) 44-SHARK for a free, confidential consultation. You pay nothing unless we win your case.
