Claims under Florida law for wrongful death are brought by the decedent’s personal representative for the benefit of the decedent’s survivors and estate. Florida Statute 768.20. A PR has the statutory authority to enter into wrongful death settlements. However, if the survivors dispute the settlement amount or apportionment, due process…
Articles Posted in Wrongful Death
Alternative Theories of Recovery Under Florida Law for Wrongful Death Caused by Medical Malpractice
Florida Statute 768.21(8) bars adult children (25 and above) from recovering for lost parental companionship, instruction, and guidance and for mental pain and suffering resulting from the death of a parent through medical malpractice. See Florida Statute 768.18(2) for the definition of minor children. The preclusion is an exception to…
Role of Personal Representative in Florida Wrongful Death Cases
In Florida, civil (in contrast to criminal) claims for wrongful death are made under the provisions of the Wrongful Death Act, laid out in Sections 768.16-768.26 of Florida’s statutes. The Act prescribes the types of damages available for wrongful death and the circumstances by which they may be recovered. Only…
Outline of Compensation for “Survivors” Under Florida’s Wrongful Death Act
Who can be compensated and the types of damages that are available when a person dies through the wrongful act or negligence in Florida of any person or company is prescribed by statute in the “Florida Wrongful Death Act,” sections 768.16 through 768.26. The chart below is a breakdown of…
Are Survivors Under Florida’s Wrongful Death Act Truly Immune to Sanctions?
Little known by most lay people is that every plaintiff involved in litigation, even those who appear to walk away with favorable judgments, may be subject to court sanctions in the form of paying the defendant’s attorneys fees. The sanction can be imposed under Florida Rule of Civil Procedure 1.442,…
What is the Statute of Limitations (SOL) Under Florida’s Wrongful Death Act
Read together, Florida Statute Section 95.11(4)(d) and Section 95.031(1) provide that an action for wrongful death, under Section 768.21 (known as Florida’s Wrongful Death Act), must be commenced within two (2) years of when the last element constituting the cause of action occurs. This is a strict standard that does…
Florida Wrongful Death Act Survivors and Damages Chart
Who can be compensated and the types of damages that are available when a person dies through the wrongful act or negligence in Florida of any person or company is prescribed by statute in the “Florida Wrongful Death Act,” sections 768.16 through 768.26. The chart below is a breakdown of…
Personal Liability Exposure of Nursing Home Director Under Florida Law
In the wake of The Miami Herald’s excellent series, Neglected to Death (Part 1; Part 2; Part 3), on the dire health and safety issues associated with Florida’s nursing home/assisted living facility industry, this is a good time to discuss some legal propositions closely related to the subject. The Herald…
Whose Money Is It? – Medicare Liens in Florida Wrongful Death Cases
In Florida, a claim for wrongful death is brought by a court-appointed personal representative on behalf of the decedent’s estate and survivors. Florida’s Wrongful Death Act (FWDA) (Florida Statute Sections 768.16-768.26) outlines the specific damages recoverable by the estate and the survivors (e.g., surviving spouse and children). Many wrongful death…
Florida Civil Law – Compensation for Loss of Fetus (Stillbirth) Due to Negligence
What are the rights of expectant parents for the death of a fetus from an incident like a slip and fall or medical malpractice? Surprisingly, because a fetus is not considered a person under Florida’s Wrongful Death Act, Tanner v. Hartog, 696 So.2d 705 (Fla. 1997), neither parent may bring…