Articles Posted in Wrongful Death

Under Florida law, only individuals meeting the definition of “Survivors” under Florida’s Wrongful Death Act may be compensated for losses resulting from the death of another person. (See this blog, Florida Wrongful Death Survivors Chart, for a handy reference to benefits available under the Act.) Under section 768.18(1) of the Act, survivors are defined as:…

We have blogged at length regarding the decision-making role of estate Personal Representatives with regard to the allocation of monetary proceeds recovered from at-fault parties and under/uninsured motorist insurance. Where the amount recovered is less than the full measure of damages, disputes often arise between creditors and the decedent’s survivors over the PR’s allocation decisions.…

Not infrequently, the amount of money available following a wrongful death accident to fully satisfy outstanding debts (e.g., medical bills, funeral expenses, credit cards) and compensate survivors for their loss is inadequate. Where the settlement [in the wrongful death claim] is less than the full value of the claim, the personal representative is charged with…

Understanding who may be eligible for compensation under the “Florida Wrongful Death Act,” sections 768.16 through 768.26, can be difficult, like piecing together a puzzle. Reproduced here is an easy to understand chart showing that information as well as the type of compensation that may be available. Of particular importance concerning these issues is Section…

Is the loss of a loved one by medical malpractice less painful and catastrophic than such a loss by some other form of negligence? Either the Florida Legislature thinks so, or else it purposely created an arbitrary and capricious law to insulate medical providers from being held fully accountable for their negligence. The law in…

Any cause of action, or lawsuit, arising in Florida from the death of an individual caused by the wrongful act or negligence of any person or entity is controlled by the “Florida Wrongful Death Act” (Sections 768.16-768.26). This blog describes some key wrongful death claim considerations. By their nature, wrongful death cases are highly emotional…

When a person dies from an accident in Florida, who, if anyone, can be compensated for the loss is prescribed by statute in Florida’s Wrongful Death Act, Sections 768.16-768.26. The Act refers to those who are eligible as “survivors.” The survivors list can be inequitable. For example, under some circumstances parents and children are barred…

Florida’s Wrongful Death Act, located in sections 768.16 through 768.26 of Florida’s statutes, controls legal actions arising from the loss of life on account of a tortfeasor’s negligence. The Act refers to those who may recover damages for the loss as “survivors.” Survivors can be spouses, children and parents. The Act allows survivors to recover…

Claims under Florida law for wrongful death are brought by the decedent’s personal representative for the benefit of the decedent’s survivors and estate. Florida Statute 768.20. A PR has the statutory authority to enter into wrongful death settlements. However, if the survivors dispute the settlement amount or apportionment, due process dictates that they be given…

In Florida, civil (in contrast to criminal) claims for wrongful death are made under the provisions of the Wrongful Death Act, laid out in Sections 768.16-768.26 of Florida’s statutes. The Act prescribes the types of damages available for wrongful death and the circumstances by which they may be recovered. Only survivors and the decedent’s estate…