Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
Losing a loved one in a serious accident is one of the most painful experiences a family can face. Along with the emotional devastation often comes sudden financial uncertainty. Medical bills, lost income, and the absence of a family provider can place overwhelming pressure on those left behind.
Our attorneys' insight into wrongful death claims helps clarify an important reality: wrongful death claims are not simply about money. Our attorneys are focused on accountability and ensuring families have the financial stability they need after an unexpected loss.
Video Transcript:
How wrongful death claims work and what family members need to know. Losing a loved one in an accident is devastating, but the financial fallout can be just as overwhelming. Wrongful death claims aren't just about money. They're about justice and providing stability to the family after a loved one's death.
So, let's talk a little bit more about what the beneficiaries and the family are entitled to after losing a loved one in an accident. Florida actually has what's known as the Florida wrongful death statute and that provides certain guidelines as to who's entitled to bring a lawsuit for wrongful death and what those people would be entitled to.
The individual who's entitled to bring the claim is actually known as the personal representative of the estate. And that personal representative of the estate brings the wrongful death claim on behalf of all beneficiaries to the estate.
And those beneficiaries are going to change case by case. The beneficiaries of the estate could be the parents of the deceased, could be the wife of the deceased, could be the children of the deceased. The personal representative is often the person who is the closest relative to the deceased.
What type of compensation are the beneficiaries entitled to in Florida? There's two different topics we need to discuss when discussing damages involved in wrongful death cases in Florida.
The first is the mental anguish that the beneficiaries are entitled to recover. That is the mental anguish that the untimely death of their loved one has caused and will cause in the future. That is something for a jury to decide.
The second is the loss of the money that the estate will have as a result of the untimely death. So if someone was 30 years old and at the beginning of their career and expected to make millions of dollars over their career, but that career is cut short, that goes into evaluating the loss of income to the estate. And that is based upon a lot of expert testimony.
But those are the two different types of compensation in addition to getting paid for all the medical bills associated with the treatment of the deceased after the accident. Those are some of the issues involved with damages in wrongful death cases in Florida.
If you've been unfortunate enough to be in this situation watching this video or needing to watch this video, please give me a call at 813-915-1110. I'd be happy to consult with you, give you my evaluation of your loved one's wrongful death claim, and give you my recommendations as to what you should do from this point forward.
Are There Laws for Wrongful Death Claims in Florida?
In Florida, wrongful death claims are governed by the Florida Wrongful Death Statute. This law outlines who can bring a claim and who may recover compensation after a fatal accident caused by another party’s negligence.
One important point many families do not realize is that wrongful death claims are filed by a specific individual called the personal representative of the estate. This person brings the case on behalf of all eligible beneficiaries connected to the deceased. The personal representative is often a close family member and serves as the estate's legal voice throughout the claim process.
The beneficiaries in wrongful death claims can vary depending on the family's circumstances. In many cases, beneficiaries may include the surviving spouse, children, or the parents of the deceased. The law recognizes that multiple family members may suffer both emotional and financial harm after a tragic loss.
Compensation in wrongful death claims generally falls into two major categories.
The first involves the emotional suffering experienced by surviving family members. Florida law allows certain beneficiaries to pursue compensation for mental anguish caused by the loss of their loved one. This includes both the emotional pain already experienced and the hardship the family will continue to endure. A jury typically determines the value of this loss based on the circumstances of the case.
The second category involves the estate's financial losses. When someone dies unexpectedly, their future earnings and financial contributions to the family are also lost. For example, if a young professional with decades of earning potential passes away due to negligence, experts may analyze the income they likely would have earned over their lifetime. This projected loss becomes part of the damages sought in the claim.
In addition, wrongful death claims may include compensation for medical bills related to treatment received before the individual passed away.
Wrongful death claims often involve complex legal, financial, and emotional factors. Families navigating this process may also face insurance companies that work to minimize payouts or dispute liability.
How an Experienced Attorney Can Help
An experienced wrongful death attorney at Hancock Injury Attorneys can play a critical role in guiding families through the difficult process of a wrongful death claim. Legal counsel helps determine who qualifies as beneficiaries, gathers evidence to prove liability, and works with financial and medical experts to calculate the full value of the claim.
Attorneys also handle negotiations with insurance companies and, when necessary, present the case to a jury. This allows families to focus on grieving and healing while their legal rights are protected.
Take Action Today: Protect Your Family’s Rights After a Wrongful Death
If your family has lost a loved one due to someone else’s negligence, it is important to understand your legal options. Speaking with a lawyer at Hancock Injury Attorneys with experience handling wrongful death claims can help you evaluate the situation, understand who may be eligible to recover compensation, and determine the best path forward.
Taking early action can help preserve evidence and protect your family’s financial future. Call us at 813-915-1110 to schedule your free consultation today.
FAQs
Who can file a wrongful death claim in Florida?
The claim is filed by the personal representative of the deceased person’s estate. This individual brings the lawsuit on behalf of eligible beneficiaries such as a spouse, children, or parents.
What damages are available in wrongful death claims?
Families may recover compensation for mental anguish, lost financial support, and medical expenses incurred before the death. The exact damages depend on the circumstances of the claim.
How is lost income calculated in a wrongful death claim?
Experts often review the deceased person’s career path, earning history, and expected future income. This helps estimate the financial support the family has lost due to the untimely death.
Do all family members receive compensation in a wrongful death case?
Not always. Florida law determines which beneficiaries are eligible to recover damages. The personal representative files the claim on behalf of those legally entitled to compensation.