Understanding Wrongful Death Claims After a Fatal Accident
Losing a loved one is one of life’s most painful experiences — especially when their death was caused by someone else’s negligence. Whether the tragedy resulted from a car accident, a workplace incident, or medical malpractice, the emotional and financial aftermath can be overwhelming.
In Florida, the law allows surviving family members to seek justice through a wrongful death claim. While no amount of money can replace the person you’ve lost, holding the responsible party accountable can provide financial stability and a sense of closure.
At The Corry Law Firm, we’ve represented countless families throughout Tallahassee and North Florida in wrongful death cases. Our compassionate yet determined approach ensures that victims’ families receive the justice they deserve.
This article explains what wrongful death means, how Florida law defines it, who can file a claim, and what damages may be recovered.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone dies as a result of another person or entity’s negligent, reckless, or intentional actions. Essentially, it’s a personal injury claim that the victim can no longer bring — so the law allows certain family members or the estate to pursue it instead.
Under Florida Statute § 768.19, a wrongful death occurs when a person’s death is caused by:
- A wrongful act,
- Negligence,
- Default, or
- Breach of contract or warranty.
In simple terms, if the deceased could have filed a personal injury lawsuit had they survived, their family or estate may have the right to file a wrongful death lawsuit on their behalf.
Common Causes of Wrongful Death in Florida
Wrongful death can occur in many ways, but some of the most frequent causes we see at The Corry Law Firm include:
1. Motor Vehicle Accidents
Car, truck, and motorcycle accidents are leading causes of wrongful death in Florida. Negligent behaviors such as speeding, distracted driving, or driving under the influence can lead to fatal crashes that forever change families.
2. Medical Malpractice
When healthcare providers fail to follow proper standards of care — through misdiagnosis, surgical errors, or medication mistakes — the results can be deadly. These cases often require expert testimony and detailed investigation.
3. Workplace Accidents
Construction sites, industrial facilities, and other high-risk workplaces can be deadly when employers fail to maintain safety standards. Families may be entitled to both workers’ compensation benefits and civil damages.
4. Defective Products
Manufacturers have a duty to ensure their products are safe for consumers. When a defective vehicle, appliance, or medical device causes a fatal injury, the company may be held liable under product liability law.
5. Premises Liability
Property owners must keep their premises safe. Fatal falls, drownings, or assaults on unsafe properties can all result in wrongful death claims if negligence played a role.
6. Criminal Acts
Even when a defendant faces criminal charges (like homicide or DUI manslaughter), families can still pursue a separate civil wrongful death lawsuit to recover financial damages.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida law specifies who may bring a wrongful death claim — and it’s not always as straightforward as people expect.
Under Florida Statute § 768.20, a personal representative of the deceased’s estate must file the lawsuit. This representative is often named in the deceased’s will. If there is no will, the court will appoint one.
The personal representative files the claim on behalf of the estate and the surviving family members, who may include:
- The surviving spouse
- Children (including adopted and sometimes stepchildren)
- Parents of the deceased
- Blood relatives or adopted siblings who were financially dependent on the deceased
The personal representative acts as the voice of the family, ensuring all beneficiaries’ rights are represented.
What Damages Can Be Recovered in a Wrongful Death Case?
A wrongful death claim seeks to compensate for both the economic losses and emotional suffering caused by the untimely death. In Florida, damages can be awarded to both the estate and surviving family members.
A. Damages Recoverable by Surviving Family Members
Family members may recover compensation for:
- Loss of support and services the deceased provided
- Loss of companionship, guidance, and protection (particularly for spouses and children)
- Emotional pain and suffering
- Medical or funeral expenses paid by family members
For example, a surviving spouse might be entitled to damages for loss of companionship, while a child may recover for the loss of parental guidance and care.
B. Damages Recoverable by the Estate
The estate may recover:
- Lost wages and benefits the deceased could have earned from the time of injury until death
- Loss of future earning capacity
- Medical and funeral expenses paid directly by the estate
- Certain costs related to probate and litigation
Any remaining balance after these expenses are paid is distributed to the heirs according to the will or Florida’s intestate laws.
Proving Liability in a Wrongful Death Case
To win a wrongful death lawsuit, you must prove that someone else’s negligence or wrongful act caused the death. This involves demonstrating four key elements:
- Duty of Care:
The defendant owed a duty of care to the deceased. (For example, drivers have a duty to operate their vehicles safely.) - Breach of Duty:
The defendant breached that duty by acting carelessly, recklessly, or intentionally. - Causation:
The breach directly caused the death. - Damages:
The death resulted in measurable losses to the estate and surviving family members.
These elements must be supported by solid evidence, including police reports, medical records, eyewitness statements, and expert testimony.
At The Corry Law Firm, we work with accident reconstructionists, economists, and medical experts to build a strong case that establishes fault and quantifies damages.
Florida’s Statute of Limitations for Wrongful Death Claims
Florida law limits the time you have to file a wrongful death lawsuit. Under Florida Statute § 95.11(4)(d), families generally have two years from the date of death to bring a claim.
However, there are some exceptions:
- Cases involving medical malpractice may have additional procedural requirements.
- If the responsible party tried to conceal their wrongdoing, the deadline may be extended.
- Claims involving government entities require special notice and filing procedures.
Failing to act before the statute of limitations expires can permanently bar you from seeking justice. That’s why it’s critical to contact a wrongful death attorney as soon as possible after a fatal accident.
How Compensation Is Calculated
Every wrongful death case is unique. The amount of compensation depends on multiple factors, such as:
- The deceased’s age, income, and life expectancy
- The number and type of dependents
- The severity of the negligence involved
- The degree of emotional and financial loss suffered by the survivors
For example, the wrongful death of a young parent who supported a family may result in higher damages than that of an elderly retiree with no dependents.
Attorneys at The Corry Law Firm work with financial experts to calculate both economic and non-economic losses — ensuring your family receives a settlement or verdict that reflects the full scope of your loss.
Common Challenges in Wrongful Death Claims
Wrongful death cases can be emotionally charged and legally complex. Some common challenges include:
1. Determining Liability
In some cases, multiple parties may share fault — such as a negligent driver and a vehicle manufacturer. Identifying all responsible parties ensures no compensation is left on the table.
2. Proving Future Financial Loss
Quantifying lost income and future benefits requires expert financial analysis. Our firm partners with economists to calculate long-term projections.
3. Handling Insurance Companies
Insurance adjusters often try to minimize payouts, even in tragic cases. They may dispute liability, delay claims, or make lowball offers. Having a lawyer handle these negotiations prevents you from being taken advantage of.
4. Emotional Strain on Families
Grieving families often find it difficult to handle paperwork, deadlines, and court procedures. That’s where compassionate legal support becomes invaluable.
The Role of a Wrongful Death Lawyer
A skilled attorney does far more than file paperwork. At The Corry Law Firm, we provide comprehensive representation designed to protect your family’s financial future and honor your loved one’s memory.
Our services include:
- Investigating the accident: Gathering police reports, witness statements, and physical evidence.
- Working with experts: Using medical, financial, and forensic specialists to prove liability and damages.
- Negotiating settlements: Communicating with insurers and opposing attorneys to achieve a fair resolution.
- Litigating in court: Taking your case before a jury if a fair settlement cannot be reached.
- Providing emotional support: Guiding families through the legal process with compassion and respect.
Our mission is to shoulder the legal burden so your family can focus on healing.
How Wrongful Death Differs From Criminal Charges
It’s important to understand the difference between a wrongful death lawsuit and a criminal case.
- A criminal case is brought by the state and seeks punishment (such as jail time or fines) for the offender.
- A wrongful death claim is a civil action, brought by the family, that seeks financial compensation for their losses.
Even if the defendant is not convicted in criminal court, they can still be found liable in civil court because the standard of proof is lower — “preponderance of the evidence” rather than “beyond a reasonable doubt.”
A well-known example of this distinction is the O.J. Simpson case, where Simpson was acquitted in criminal court but later found liable for wrongful death in civil court.
Frequently Asked Questions About Wrongful Death in Florida
How long does a wrongful death case take?
Every case is different. Some claims settle in a few months, while others may take a year or more if they go to trial. Complex cases involving multiple defendants or disputed liability often take longer.
Do I have to pay upfront for a lawyer?
No. At The Corry Law Firm, we work on a contingency fee basis — meaning you pay nothing unless we recover compensation for you.
What if my loved one was partially at fault?
Florida’s comparative negligence law allows recovery even if your loved one was partially responsible, as long as they were not more than 50% at fault. Your compensation would be reduced proportionally.
Can I still file if there’s no criminal case?
Yes. A wrongful death claim is independent of criminal prosecution and can proceed regardless of whether the at-fault party faces criminal charges.
Why Choose The Corry Law Firm
Losing a loved one is heartbreaking — and navigating the legal system afterward shouldn’t add to your suffering. At The Corry Law Firm, we combine legal skill with compassion to help families in Tallahassee and across North Florida find justice and closure.
Here’s what sets us apart:
- Decades of experience handling wrongful death and catastrophic injury cases.
- Local roots — we understand the courts, insurers, and communities across North Florida.
- Personalized representation — you’ll work directly with an experienced attorney, not a case manager.
- Proven results — our team has recovered substantial settlements and verdicts for families like yours.
- No fees unless we win — you won’t owe us a dime unless we recover compensation for you.
Conclusion: Seeking Justice After a Tragic Loss
No amount of money can bring back the person you’ve lost, but pursuing a wrongful death claim can help secure your family’s future and ensure the responsible party is held accountable.
If you’ve lost a loved one due to negligence or wrongdoing, The Corry Law Firm is here to help. Our compassionate legal team will guide you through every step of the process — from investigation to settlement or trial — so you can focus on healing.
Contact The Corry Law Firm today for a free consultation. Let us help you seek justice, find closure, and rebuild after tragedy.