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How Can I Sue if My Wife Dies? Filing a Wrongful Death Claim in Florida
The loss of a spouse is one of life’s most painful experiences. When that loss is due to someone else’s negligence, recklessness, or intentional actions, the grief can be accompanied by anger and a need for justice. In Florida, surviving spouses have the legal right to seek compensation through a wrongful death claim.
This guide will walk you through the steps of filing a wrongful death lawsuit, provide information about what damages you can recover, and answer frequently asked questions specific to Florida law.
If your wife’s passing was caused by someone else’s negligence, we are here to stand with you and help you pursue justice for your family. 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 legal action brought against a person, company, or entity whose negligence or intentional misconduct caused someone else’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 purpose of a wrongful death lawsuit is twofold:
- Compensation: To provide financial relief to the surviving family members who depended on the deceased for emotional and financial support.
- Accountability: To hold the responsible party or parties accountable for their actions or negligence.
Who Can File a Wrongful Death Claim in Florida?
Under Florida Statutes § 768.20, the wrongful death claim must be filed by the personal representative of the deceased’s estate. The personal representative acts on behalf of all eligible family members, including:
- The Surviving Spouse: As a husband, you can recover compensation for loss of companionship, emotional support, and financial contributions.
- Children: Minor children are entitled to damages for lost parental guidance and emotional suffering. Adult children may also recover damages in certain situations.
- Parents: If the deceased had no surviving spouse or children, parents may recover damages for emotional pain and suffering.
- Other Dependents: Blood relatives or adoptive siblings who were financially dependent on the deceased may also be eligible.
The personal representative is typically named in the deceased’s will or appointed by the court if no will exists. 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 your wife died without a will, then the Florida Probate code specifies who has priority. Typically, a surviving spouse (husband) has the highest priority.
Damages You Can Recover in a Wrongful Death Claim
Florida law allows surviving spouses to recover both economic and non-economic damages, including:
- Medical Expenses: Costs incurred for treatment and care prior to your wife’s passing.
- Funeral and Burial Costs: Reasonable expenses for final arrangements.
- Loss of Financial Support: Compensation for the income your wife would have contributed to the household.
- Loss of Services: The value of household or childcare tasks your wife performed.
- Pain and Suffering: Emotional anguish caused by your wife’s untimely death.
- Loss of Companionship: Damages for the loss of emotional support, affection, and love.
In cases of gross negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior.
How Long Do You Have to File a Claim in Florida?
According to Florida Statutes § 95.11(4)(d), the statute of limitations for wrongful death claims is generally two years from the date of death. Filing after this deadline can result in your case being dismissed.
However, exceptions may apply in specific cases, for example, when the cause of death wasn’t immediately known. Consulting with an experienced wrongful death attorney ensures your claim is filed on time and protects your legal rights.
Types of Incidents That Can Lead to a Wrongful Death Claim
Wrongful death claims arise when a person’s life is lost due to the negligence, recklessness, or intentional misconduct of another party. In Florida, a variety of incidents can lead to these claims, including but not limited to:
1. Car Accidents
Fatal car crashes caused by reckless driving, distracted driving, speeding, or driving under the influence are a leading cause of wrongful death claims. In these cases, the at-fault driver or other responsible parties, such as vehicle manufacturers or government entities, may be held liable.
2. Truck Accidents
Collisions involving commercial trucks and 18-wheelers often result in catastrophic injuries and fatalities due to the massive size and weight of these vehicles. Common causes include driver fatigue, improper loading, and mechanical failures, all of which may result in liability for the driver, trucking company, or maintenance provider.
3. Motorcycle Accidents
Motorcyclists face significant risks on the road, and their deaths are often caused by other drivers who fail to notice or yield to motorcycles. These accidents frequently involve distracted or reckless driving.
4. Medical Malpractice
Healthcare providers can be held liable for wrongful death if a patient dies due to preventable errors such as misdiagnosis, surgical mistakes, medication errors, or birth injuries. Medical malpractice claims require proving that the provider breached the standard of care.
5. Workplace Accidents
Fatal workplace accidents are common in high-risk industries like construction, manufacturing, and transportation. Employers or third parties can be held accountable if negligence, such as failure to provide proper safety measures or equipment, led to the death.
6. Premises Liability
Deaths caused by unsafe property conditions, such as slip-and-fall accidents, drowning in unsecured pools, or violent crimes due to inadequate security, may give rise to a wrongful death claim against property owners or managers.
7. Defective Products
Manufacturers and distributors can be held responsible for wrongful death if a defective product, such as a faulty car part, dangerous drug, or malfunctioning medical device, causes fatal injuries. Product liability laws ensure that companies are held accountable for selling unsafe products.
8. Boating Accidents
With Florida’s abundance of waterways, boating accidents caused by operator negligence, alcohol use, or defective equipment often lead to fatalities. Boat operators and rental companies may be held liable in these cases.
9. Criminal Acts
Deaths caused by intentional acts of violence, such as assault or homicide, can result in wrongful death claims. These civil actions are independent of any criminal proceedings against the perpetrator.
10. Pedestrian and Bicycle Accidents
Pedestrians and cyclists are particularly vulnerable to fatal accidents caused by negligent drivers who fail to yield, speed, or drive under the influence. These incidents often result in significant liability for the at-fault driver.
Steps to Filing a Wrongful Death Claim in Florida
Filing a wrongful death claim involves several important steps:
- Consult an Attorney
The legal process can be complex, and an experienced wrongful death attorney will help you navigate Florida’s specific laws, gather evidence, and build a strong case. - Establish Liability
To succeed in a wrongful death claim, you must prove:- The defendant owed a duty of care to your wife.
- The defendant breached that duty through negligence or intentional actions.
- The breach directly caused your wife’s death.
- The death resulted in financial and emotional losses.
- File the Lawsuit
The lawsuit must be filed within the statute of limitations, which is typically two years from the date of injury under Florida Statutes § 95.11(4)(d). Exceptions may apply, such as cases involving fraud or delayed discovery of the cause of death. - Negotiate or Litigate
Your attorney will work to negotiate a fair settlement with the defendant’s insurance company or legal team. If a settlement cannot be reached, the case may proceed to trial.
Frequently Asked Questions
Can a wrongful death claim be filed if the deceased was partially at fault?
Yes. Florida follows a modified comparative negligence rule, meaning compensation can still be recovered if the deceased was partially at fault, as long as their fault does not exceed 50%. However, the damages awarded will be reduced by the percentage of fault attributed to the deceased.
How Long Does a Wrongful Death Claim Take To Resolve?
The timeline varies depending on the complexity of the case, the number of parties involved, and whether it settles or goes to trial. While some cases are resolved in months, others may take years.
What Happens If the Defendant Is Facing Criminal Charges?
A wrongful death claim is a civil action, independent of any criminal case. You can pursue a civil lawsuit even if the defendant is not convicted of a crime.
How much does it cost to hire a wrongful death lawyer in Florida?
Most wrongful death lawyers, including our firm, work on a contingency fee basis. This means you pay no upfront fees, and the attorney only gets paid if they recover compensation for you. The fee is typically a percentage of the settlement or verdict, ensuring there is no financial risk to you.
Will my wrongful death case go to trial?
Not all wrongful death cases go to trial. Many are resolved through negotiations and settlements with the at-fault party’s insurance company. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to court to secure the compensation you deserve.
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.
If you’ve lost your wife due to someone else’s negligence, let us stand by your side and fight for the justice your family deserves. Contact us today at 305-638-4143 or complete our online form for a free consultation. With offices in Coral Gables and Hollywood, we proudly serve families across Florida and are also available for virtual consultations to meet your needs. Let us help you take the first steps toward healing and accountability.
