Losing a loved one because of someone else’s carelessness is one of the most devastating experiences a family can face. In Florida, the law allows certain surviving family members to pursue compensation through a wrongful death claim. But to succeed, the claim must prove that the death was caused by negligence.
Understanding how negligence is established can help families know what to expect and why strong evidence is so important.
What Is a Wrongful Death Case in Florida?
A wrongful death occurs when a person dies because of the wrongful act, negligence, default, or breach of contract of another person or entity. Common examples include:
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Car and truck accidents
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Medical malpractice
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Dangerous property conditions
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Defective products
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Violent criminal acts caused by negligent security
Florida’s Wrongful Death Act allows the personal representative of the estate to bring the claim on behalf of surviving family members, such as:
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Spouses
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Children
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Parents
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Other dependents in certain situations
The Four Elements of Negligence
To succeed in a Florida wrongful death claim, the plaintiff must prove four key elements of negligence.
1. Duty of Care
The first step is showing that the defendant owed the deceased a legal duty of care.
Examples include:
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Drivers must operate vehicles safely.
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Doctors must follow accepted medical standards.
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Property owners must maintain reasonably safe premises.
If a legal duty existed, the analysis moves to whether it was violated.
2. Breach of Duty
Next, it must be shown that the defendant breached that duty by acting carelessly or failing to act when required.
Examples of breaches:
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A driver running a red light
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A surgeon operating on the wrong body part
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A landlord ignoring known safety hazards
The key question is whether the defendant’s conduct fell below what a reasonable person would have done under similar circumstances.
3. Causation
Even if someone was negligent, there must be proof that the negligence caused the death.
This involves two components:
Actual cause:
Would the death have happened but for the defendant’s actions?
Legal (proximate) cause:
Was the death a foreseeable result of the defendant’s conduct?
For example:
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If a drunk driver causes a fatal crash, the connection is usually clear.
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In medical malpractice cases, expert testimony is often required to link the negligence to the death.
4. Damages
Finally, the claim must show that the death caused compensable losses to the estate or surviving family members.
Damages in Florida wrongful death cases may include:
For the estate:
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Medical bills related to the final injury or illness
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Funeral and burial expenses
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Lost earnings from the date of injury to death
For surviving family members:
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Loss of financial support
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Loss of companionship and protection
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Mental pain and suffering (for certain survivors)
What Types of Evidence Are Used?
Proving negligence in a wrongful death case requires strong, well-documented evidence. Depending on the type of case, this may include:
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Police or incident reports
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Medical records
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Autopsy reports
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Expert witness testimony
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Surveillance footage
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Photographs of the accident scene
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Witness statements
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Employment and financial records
In many cases—especially medical malpractice or complex accident claims—experts are essential to explain how the negligence led to the death.
The Role of Comparative Fault
Florida follows a modified comparative negligence system. This means:
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If the deceased was partially at fault, damages may be reduced.
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If the deceased was more than 50% at fault, recovery may be barred.
Insurance companies often try to shift blame to the deceased to reduce or avoid paying a claim, making a thorough investigation critical.
Time Limits for Filing a Wrongful Death Claim
In most cases, Florida’s statute of limitations requires wrongful death claims to be filed within:
Two years from the date of death.
There are limited exceptions, but waiting too long can permanently bar the claim.
Why Proving Negligence Can Be Challenging
Wrongful death cases often involve:
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Conflicting witness accounts
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Complex medical issues
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Disputed causes of death
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Aggressive insurance defense strategies
Building a strong case usually requires:
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Detailed investigation
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Expert analysis
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Careful legal strategy
Speak With a Florida Wrongful Death Attorney
If you believe your loved one’s death was caused by negligence, it is important to understand your rights as soon as possible. An experienced Florida wrongful death attorney can:
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Investigate the circumstances of the death
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Gather critical evidence
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Work with expert witnesses
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Handle insurance companies
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Pursue full and fair compensation for your family
Contact our firm today for a confidential consultation to discuss your potential Florida wrongful death claim and the steps needed to prove negligence.
Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
