WRONGFUL DEATH

1. What is a "Wrongful Death"?

When one dies as a result of misconduct of another person or entity.

2. Can a relative of a victim of a wrongful death receive damages as a result?

Florida law requires the estate of the deceased to take the action against the person causing the wrongful death. If no estate has been started in court, that may become necessary. Any surviving relative as defined under Florida law may seek damages. Surviving relatives include:

Surviving spouse;
Children under 25 years of age;
Parent(s);
Any blood relatives or adopted brothers and sisters, when partly or wholly dependent of the decedent for support or services;
A child born out of wedlock of the mother;
A child born out of wedlock of the father; if the father has recognized a responsibility to the child for the child's support.

3. What should I do if I believe that a loved one was the victim of a wrongful death?

Contact an attorney at once. An attorney who deals with wrongful death cases can advise you on a variety of matters, including whether or not to demand an autopsy, obtaining medical records, and assessing the validity of a claim.

4. Will I have to pay for an attorney?

Most attorneys will represent you based on a contingency fee. That means the attorney will only get paid if you obtain a money judgment. The attorney gets a percentage of the amount recovered. If there is no recovery, there are no attorneys fee paid. You will be responsible for expenses, however. Those expenses will have to be paid, even if you win, out of the proceeds. All contingency fee arrangements must be in writing. The fee agreement must state the method by which the fee is determined and the percentage that the attorney will get in the event of a recovery. If you would like to schedule a free no obligation appointment with a personal injury attorney who handles wrongful death cases, click here.

5. What if I already have an attorney and am dissatisfied?

The Florida Bar publishes a Statement of Client Rights. When you originally signed your retainer agreement, you should have been given a copy to keep. If you were not given a copy or do not have copy, you can get a copy from the Florida Bar by clicking here.

6. How long will the case take and will I have to go to court?

The length of each case will depend on the facts and the insurance company involved. It could take a few months, or drag out over a year. Most cases are settled out of court and therefore, it is rare that you will need to go to court for a trial.

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