Wrongful Death

Wrongful death cases in Florida are controlled by the Florida Wrongful Death Act. We have the full text of this statute reprinted for your below. There are many things that are unique about a wrongful death action. First, the person who becomes the Personal Representative (PR) of the Estate is the proper party to bring the action. The PR is charged with recovering all the damages that are properly due to the estate of the person who has died.

Second, any action for wrongful death in Florida must be filed no later than two years from the date of death. This is governed by Florida Statute 95.11(4)(b). This is another unique characteristic of the Florida Wrongful Death Act because in a typical negligence claim you have 4 years from the date of the injury to file suit.

Next, when the PR files the complaint in the appropriate court, the complaint must specify all the potential beneficiaries of the Estate. The PR will also seek to recover any net accumulations that the deceased person's estate would otherwise have accumulated had the person lived their natural life expectancy.

There are several other issues that arise in a wrongful death case. One, if the death arises from a traffic crash, then the agency that works the crash (sometimes the Florida Highway Patrol) will also perform a Traffic Homicide Investigation (THI). The THI provides a wealth of information on the case regarding exactly how the crash occurred, witness statements, calculations for the dynamics of the crash, pictures of the vehicles, scene, and generally much greater detail is provided in the THI report than you would find in a normal crash report. Obtaining the THI and all associated documents is the first order of business in the investigation and eventual filing of a claim for wrongful death in Florida.

Our firm is currently handling several wrongful death cases that have occurred in Florida.

If you would like to speak with someone who has handled this unique type of litigation before and who understands the Florida Wrongful Death Act we would be honored to discuss your case with you in a personal confidential environment.

See Going the Distance in a Wrongful Death Case from Douglas Dykes' Personal Injury Law video series.

Click here to see Attorney Douglas Dykes argue and win an appeal in a wrongful death case before the Florida First District Court of Appeal. (will open in Windows Media Player only.)

Click here to view the Appeal Court's decision. (PDF format)