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How Can I Sue if My Husband Died? A Guide to Filing Wrongful Death Claims in Florida
The unexpected loss of a spouse is a heartbreaking and life-altering event. Beyond the emotional toll, many families are left with significant financial burdens, from medical expenses to lost income and funeral costs. If your husband’s death was caused by someone else’s negligence, recklessness, or intentional actions, you may have the right to file a wrongful death claim to seek justice and compensation.
This blog will guide you through the process of filing a wrongful death claim, explain who can file, what damages can be recovered, and answer other frequently asked questions about wrongful death lawsuits.
If you’ve lost your husband due to someone else’s negligence, we are here to provide compassionate support and fight for the justice your family deserves. Contact us at 305-638-4143 or fill out our online form to schedule a free consultation.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed against a person or entity whose negligence or wrongful actions caused another person’s death. In Florida, wrongful death claims are governed by Florida Statutes § 768.16-768.26, also known as the Florida Wrongful Death Act.
The goal of a wrongful death lawsuit is to provide surviving family members with financial compensation for the losses they’ve suffered due to their loved one’s death.
Who Can File a Wrongful Death Claim in Florida?
In Florida, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This representative files the lawsuit on behalf of the deceased’s surviving family members, including:
- The surviving spouse
- Children (minor and adult, depending on circumstances)
- Parents of the deceased
- Blood relatives or adoptive siblings who were financially dependent on the deceased
Florida law provides that the person requested to be personal representative by the deceased in their last will and testament has the highest priority for appointment as personal representative. If a person dies without a will, then the Florida Probate code specifies who has priority. Typically, a surviving spouse (husband or wife) has the highest priority.
How Long Do You Have to File a Wrongful Death Claim in Florida?
Florida imposes a strict statute of limitations for wrongful death claims. According to Florida Statutes § 95.11(4)(d), a lawsuit must generally be filed within two years of the date of the deceased’s death.
Failing to file within this timeframe may result in the loss of your right to pursue compensation. However, exceptions to the statute of limitations may apply in certain cases, such as when the cause of death was not immediately apparent. Consulting with a wrongful death attorney as soon as possible ensures that your claim is filed on time.
Common Scenarios Leading to Wrongful Death Claims in Florida
Wrongful death claims can arise from a variety of incidents caused by negligence or intentional misconduct. Common examples include:
- Car and Truck Accidents: Fatal crashes caused by reckless driving, DUI, or distracted driving.
- Medical Malpractice: Errors such as misdiagnosis, surgical mistakes, or improper treatment.
- Workplace Accidents: Fatal injuries in high-risk industries like construction or manufacturing.
- Premises Liability: Deaths resulting from unsafe property conditions, such as slip-and-falls or drowning in unsecured pools.
- Defective Products: Fatal injuries caused by faulty consumer goods, vehicles, or medical devices.
Each case is unique, and determining liability depends on the specific circumstances of your loved one’s death.
How Do I Prove a Wrongful Death Claim?
To succeed in a wrongful death lawsuit, you must prove:
- Duty of Care: The defendant owed your husband a legal duty of care (e.g., a driver must follow traffic laws).
- Breach of Duty: The defendant failed to meet that duty through negligence, recklessness, or wrongful actions.
- Causation: The breach directly caused your husband’s death.
- Damages: The death resulted in measurable losses to your family.
How a Florida Wrongful Death Attorney Can Help
The legal process of filing a wrongful death claim can be complex and emotionally taxing, especially for grieving families. An experienced attorney can help by:
- Investigating the Case: Gathering evidence, interviewing witnesses, and consulting experts to build a strong case.
- Identifying Liable Parties: Determining all parties who may share responsibility for the death.
- Calculating Damages: Assessing the full extent of economic and non-economic losses to ensure fair compensation.
- Negotiating with Insurers: Handling communications with insurance companies and opposing counsel to secure a fair settlement.
- Representing You in Court: If necessary, an attorney will take your case to trial and advocate for your rights.
At Flanagan & Bodenheimer, we focus exclusively on personal injury and wrongful death cases, giving us the expertise needed to guide you through this challenging process.
Frequently Asked Questions
Can I Sue if My Husband Died in a Car Accident?
Yes, if another driver, a defective vehicle part, or a poorly maintained road caused the accident, you can file a wrongful death claim. Florida’s comparative negligence law may apply, allowing you to recover compensation even if your husband was partially at fault.
Can I Sue a Doctor or Hospital for My Husband’s Death?
If medical malpractice, such as a misdiagnosis, surgical error, or medication mistake, or other medical malpractice caused your husband’s death, you can file a wrongful death claim against the healthcare provider(s) or facilities.
What If My Husband Did Not Have a Will?
If your husband did not have a will, a personal representative will be appointed by the court to file the wrongful death claim. Typically, under the Florida Probate Code, you as the surviving spouse would have the highest priority for appointment as personal representative of your husband’s estate. The compensation recovered will be distributed according to Florida’s intestacy laws.
How Much Does It Cost to File a Wrongful Death Claim?
At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we work on a contingency fee basis, meaning you pay nothing upfront. We only collect fees if we successfully recover compensation for you.
How Long Does a Wrongful Death Lawsuit Take?
The timeline varies depending on the complexity of the case, the number of parties involved, and whether the case goes to trial. While some cases settle within months, others may take years to resolve.
Free Consultation With a Florida Wrongful Death Attorney
At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are dedicated to helping families navigate the complexities of wrongful death claims with compassion and professionalism. Here’s why you should choose us to advocate for your case:
- Exclusive Focus on Personal Injury and Wrongful Death: Unlike other firms that handle a wide range of legal matters, we dedicate our practice exclusively to personal injury and wrongful death cases, giving us deep expertise in these areas.
- Small Caseload, Personalized Attention: We intentionally limit the number of cases we take on to provide each client with the care and focus they deserve. When you work with us, you’ll have direct access to your attorney.
- Proven Track Record: Our team has recovered millions of dollars for clients across Florida, even in complex cases that other firms have turned away.
- Contingency Fee Basis: We believe everyone deserves access to justice. That’s why we work on a contingency fee basis, meaning you pay nothing upfront—we only get paid if we secure compensation for you.
The loss of your husband due to someone else’s negligence is a devastating experience, and we are here to help you seek justice and accountability. Call us at 305-638-4143 or complete our online form to arrange a free consultation. With offices in Coral Gables and Hollywood, we serve families throughout Florida and offer virtual consultations for your convenience. Let us stand by your side and support you during this challenging time.