Losing a family member because of someone else’s negligence is a devastating experience, made worse by the legal and financial pressures that can follow. Florida’s Wrongful Death Act provides a legal remedy when a person’s death is caused by another party’s wrongful act, negligence, default, or breach of contract or warranty.
At Mesin & Co., our wrongful death attorneys represent families throughout Boca Raton and Palm Beach County who are facing these circumstances. We handle the legal process so families can focus on one another, and we do not collect a fee unless we recover for you.
Florida's Wrongful Death Act: The Legal Framework
Florida’s Wrongful Death Act, codified at Florida Statutes §§ 768.16 through 768.26, governs wrongful death claims in Florida. The Act identifies who qualifies as a survivor, who brings the lawsuit, and the categories of damages that may be recovered by eligible survivors and the estate.
Under Florida law, the wrongful death action is brought by the personal representative of the deceased person’s estate. The personal representative pursues the claim for the benefit of the decedent’s eligible survivors and estate.
Understanding these provisions is important because the damages available to each survivor depend on that person’s relationship to the deceased.
How a Florida Wrongful Death Claim Works
Unlike an ordinary personal injury case, a Florida wrongful death claim involves both the deceased person’s estate and the surviving family members whose losses are recognized under Florida law.
The lawsuit is brought by the personal representative of the deceased person’s estate. The personal representative acts on behalf of the estate and the eligible survivors rather than each family member filing a separate wrongful death lawsuit.
Florida’s Wrongful Death Act then determines which damages may be recovered by the estate and which may be recovered by individual survivors. Those rights depend on several factors, including the survivor’s relationship to the deceased and the circumstances of the death.
This structure is important because a wrongful death case is not simply a claim for the financial value of a life. It may include losses suffered by the surviving family, such as lost support, companionship, guidance, and mental pain and suffering, as well as certain losses recoverable by the estate.
The Two-Year Statute of Limitations
Florida law generally requires a wrongful death action to be filed within two years. Missing the applicable deadline can prevent the family and estate from pursuing an otherwise valid claim.
Different rules or procedural requirements may apply in particular cases, including claims involving medical malpractice or governmental entities. For that reason, the applicable deadlines should be determined based on the specific circumstances of the death rather than assuming that every wrongful death case follows exactly the same procedural timeline.
Calculating Damages in a Boca Raton Wrongful Death Case
The financial consequences of an unexpected death can extend far into the future. A family may lose income, financial support, household services, companionship, guidance, and other contributions that cannot be measured simply by looking at immediate expenses.
Florida’s Wrongful Death Act identifies the damages that may be recovered by eligible survivors and, in appropriate circumstances, by the decedent’s estate. The particular damages available depend on the family relationships involved and the facts of the case.
Economic Damages
Florida law permits survivors to recover the value of lost support and services from the date of injury to death, with interest, as well as future loss of support and services from the date of death, reduced to present value. Factors can include the survivor’s relationship to the decedent, the decedent’s probable net income available for distribution to the survivor, and the replacement value of services the decedent would have provided.
Medical and funeral expenses may also be recoverable under the Wrongful Death Act depending on who paid or became responsible for those expenses. In certain circumstances, the estate may recover the loss of the decedent’s prospective net accumulations.
In cases involving substantial future financial losses, economic analysis may be necessary to calculate the value of income, support, services, and other losses over time.
Non-Economic Damages for Surviving Family Members
Florida law also permits certain survivors to recover non-economic damages.
A surviving spouse may recover for the loss of the decedent’s companionship and protection and for mental pain and suffering. Minor children may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. In certain circumstances, adult children and parents may also recover specified non-economic damages. The precise recovery depends on the family relationships and circumstances identified in the statute.
These losses cannot be measured through medical bills or wage records alone. A wrongful death claim should therefore document not only the financial consequences of the death, but also the particular losses Florida law recognizes for each eligible survivor.
Common Causes of Wrongful Death in Boca Raton
Wrongful death claims can arise from many of the same acts of negligence that cause serious personal injuries, but with fatal consequences. In Boca Raton and Palm Beach County, these cases may involve motor vehicle collisions, commercial truck crashes, pedestrian and bicycle accidents, dangerous property conditions, drowning incidents, negligent security, and workplace or construction accidents.
Whatever the circumstances of your family’s loss, determining what happened and who may be legally responsible requires a careful investigation of the underlying incident.
Traffic Fatalities on I-95, US-1, and Glades Road
Boca Raton’s major roads include I-95, US-1, and Glades Road, where passenger vehicles, commercial trucks, motorcycles, cyclists, and pedestrians share heavily traveled transportation corridors.
Fatal crashes may involve speeding, distracted driving, impaired driving, unsafe lane changes, failure to yield, commercial vehicles, or other forms of negligence.
When a family member is killed in a traffic collision, determining all potentially responsible parties and available insurance coverage is an important part of the investigation. Commercial vehicle crashes may involve additional parties and insurance policies beyond those typically present in an ordinary passenger-vehicle collision.
Premises Liability and Drowning at Boca Raton Properties
Boca Raton includes condominium communities, country clubs, hotels, residential developments, pools, and waterfront properties. Dangerous conditions at these properties can sometimes result in fatal accidents.
Depending on the circumstances, inadequate barriers or pool access, dangerous property conditions, negligent maintenance, or other failures may support a premises liability claim when they cause or contribute to a death.
A violent death occurring on commercial or residential property may also raise negligent-security issues depending on the circumstances, including the applicable duty, foreseeability, security measures, and other evidence concerning the property.
These cases often require early investigation and preservation of surveillance footage, incident reports, maintenance records, security records, photographs, witness information, and other evidence.
Workplace Deaths and Construction Accidents
Fatal accidents can also occur at construction sites and other workplaces throughout Palm Beach County.
When a workplace death occurs, workers’ compensation may be one component of the legal analysis. Depending on the circumstances, a separate claim may also exist against a negligent third party other than the decedent’s employer.
For example, a fatal construction accident may involve the conduct of another contractor, property owner, equipment manufacturer, driver, or other entity. Determining whether a third-party wrongful death claim exists requires investigation of the parties involved and the circumstances that caused the accident.
Who Can File a Wrongful Death Claim in Florida
Losing a loved one to someone else’s negligence is a devastating experience. When that loss occurs as the result of a car accident, truck collision, pedestrian strike, or any other preventable incident on Boca Raton’s roads or properties, Florida law provides a legal path for surviving family members to seek accountability and compensation.
Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), a wrongful death claim must be filed by the personal representative of the deceased’s estate. This representative is typically named in the decedent’s will or appointed by a Florida court if no personal representative has been named. The personal representative files the claim on behalf of the estate and all eligible survivors.
Eligible survivors may include:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- Blood relatives or adoptive brothers and sisters who were wholly or partly dependent on the deceased for support or services
Florida’s Wrongful Death Act defines a “minor child” as a child under the age of 25. The damages available to children, parents, and other survivors vary depending on their relationship to the deceased and the circumstances of the claim. Special restrictions also apply to certain damages in wrongful death claims arising from medical negligence.
Each eligible survivor may recover different categories of damages based on their relationship to the deceased and the losses recognized under Florida law. Florida’s wrongful death statute is carefully structured, and determining who qualifies and what damages may be recovered requires a case-specific analysis. Mesin & Co. handles wrongful death cases throughout Boca Raton and Palm Beach County with the care and thoroughness these cases demand.
Damages Available Under Florida's Wrongful Death Act
Florida’s Wrongful Death Act distinguishes between damages recoverable by eligible survivors and damages that may be recovered by the estate. The categories available depend on the circumstances and the survivor’s relationship to the deceased.
Damages that may be recoverable by survivors include:
- Loss of support and services: Eligible survivors may recover the value of support and services lost because of the death, including qualifying future losses reduced to present value.
- Loss of companionship and protection: A surviving spouse may recover for the loss of the decedent’s companionship and protection.
- Mental pain and suffering: Florida law permits specified survivors to recover mental pain and suffering damages depending on their relationship to the decedent and the circumstances of the case.
- Loss of parental companionship, instruction, and guidance: Qualifying children may recover for the loss of a parent’s companionship, instruction, and guidance.
- Medical and funeral expenses: A survivor who paid medical or funeral expenses because of the decedent’s injury or death may recover those expenses.
Damages that may be recoverable by the estate include:
- Loss of prospective net accumulations: In circumstances specified by Florida law, the estate may recover the loss of the prospective net accumulations that reasonably could have been expected but for the wrongful death.
- Medical and funeral expenses: Medical or funeral expenses that became a charge against the estate or were paid by or on behalf of the decedent may be recoverable by the estate.
Because Florida’s statute assigns different damages to different survivors and the estate, identifying every potential beneficiary and documenting each legally recognized loss is an important part of a wrongful death case.
The Statute of Limitations and Why Acting Quickly Matters
Florida law generally requires a wrongful death action to be filed within two years.
The applicable deadline should nevertheless be evaluated carefully because the underlying claim and identity of the defendant can create additional procedural requirements. Medical malpractice cases, claims involving governmental entities, and other particular types of cases may involve additional rules that must be satisfied.
Early investigation can also be important for preserving evidence. Accident scenes change, vehicles are repaired or disposed of, witnesses become more difficult to locate, and surveillance footage or electronic records may become unavailable in the ordinary course of business.
Depending on the type of case, potentially important evidence may include photographs, surveillance footage, vehicle data, electronic logging records, maintenance records, employment records, incident reports, security records, witness statements, and other documents.
At Mesin & Co., we investigate the circumstances surrounding the death, identify potentially responsible parties and available insurance coverage, and work to preserve evidence relevant to the claim.
If you have lost a loved one because of another party’s negligence in Boca Raton or elsewhere in Palm Beach County, contact Mesin & Co. for a free and confidential consultation.
Frequently Asked Questions: Boca Raton Wrongful Death
Under Florida law, the wrongful death action is filed by the personal representative of the deceased person’s estate. The personal representative brings the action for the benefit of the decedent’s eligible survivors and estate.
Florida defines survivors to include the decedent’s spouse, children, and parents. Blood relatives and adoptive brothers and sisters may also qualify when they were partly or wholly dependent on the decedent for support or services. Florida’s Wrongful Death Act defines “minor children” as children under 25 years old.
A wrongful death case is a civil action seeking damages arising from a death caused by conduct for which the defendant is legally responsible. A criminal prosecution is brought by the government and can result in criminal penalties. The proceedings are separate, and Florida’s Wrongful Death Act expressly recognizes a civil right of action even when the circumstances causing the death constitute a felony.
The death of the alleged wrongdoer does not necessarily eliminate the wrongful death claim. Florida’s Wrongful Death Act provides that the wrongdoer’s personal representative is the defendant if the wrongdoer dies before or while the action is pending.
Potentially, yes. Florida’s Wrongful Death Act applies when an injury caused by a wrongful act or negligence ultimately results in death. The legal consequences depend on whether the death resulted from the injuries caused by the underlying wrongful conduct.
Florida generally provides a two-year statute of limitations for wrongful death actions. Other requirements can apply depending on the underlying claim and the parties involved, so the specific deadline should be evaluated promptly.
Wrongful death cases require careful investigation, a thorough understanding of Florida’s Wrongful Death Act, and the ability to document both the financial and personal impact of the loss on each surviving family member. At Mesin & Co., we handle these cases personally, investigate every potential source of liability and insurance coverage, and keep families informed throughout the process. We offer a free, confidential consultation and charge no attorney’s fee unless we recover compensation for you.
Russian-Speaking Services
Eugene Mesin is fluent in Russian and welcomes inquiries from Russian-speaking clients throughout Florida