The workers’ compensation system also contains some glaring deficiencies. Chief among them are the carrier’s control over the selection of medical providers and the severely limited amount of compensation available for death benefits.

In liability cases, death benefits are governed by Florida’s Wrongful Death Act. Damages are recoverable for loss of the decedent’s companionship and protection, lost parental companionship, instruction, and guidance, for mental pain and suffering, loss of net accumulations such as future wages. These damages can amount to millions of dollars to the decedant’s survivors. None of these damages are recoverable through Florida’s workers’ compensation system.

Death benefits under Florida’s workers’ compensation system are governed by section 440.16, Florida Statutes. The statute limits compensation to $7,500 in funeral expenses and $150,000 in total periodic payments to the surviving spouse and dependent children. Importantly, that $150,000 is a single aggregate cap — not $150,000 per person.

Some death cases involve both liability and workers’ compensation components. That is the situation in a matter our firm was recently engaged to handle. The decedent, a 29‑year‑old man, was one of three individuals who tragically drowned when the airboat they were riding in capsized and sank while on a work assignment. An investigation is underway to determine whether the airboat was negligently operated by a third‑party entity that is not protected by workers’ compensation immunity. If the airboat was negligently operated and the third‑party carries liability insurance, the decedent’s wife and young children may be able to pursue wrongful‑death damages in addition to the limited benefits available under workers’ compensation.

Unfortunately, most worksite accidents do not implicate third-party liability.

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Contact us today at (305) 758-4900 or by email for a free consultation to learn your legal rights. If we accept your case, we will represent you on a contingency fee basis — meaning you pay no upfront costs. Our fee is collected only if we obtain a favorable recovery on your behalf. If there is no recovery, you owe nothing.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.

DISCLAIMER: This information provided by Jeffrey P. Gale, P.A. is for informational purposes only and is intended to be used as a non-legal guide prior to consultation with an attorney familiar with your specific legal situation. It should not be considered legal advice or counseling. No such legal advice or counseling is either expressly or impliedly intended. This information is not a substitute for the advice or counsel of an attorney. If you require legal advice, you should seek the services of an attorney.

Our firm is always grateful for the many cases we receive through referrals from fellow attorneys, and we routinely pay referral fees to our referring counsel in accordance with applicable ethical rules.

Statute of Limitations

Under Section 95.11(4)(d), a wrongful death action must generally be filed within two years of the date of death. However, if the death resulted from medical malpractice, Section 95.11(4)(b) may allow for an extension of that deadline.
(For more details, see our related post: “The Statute of Limitations (SOL) Under Florida’s Wrongful Death Act.”)

Proper Court and Venue

Wrongful death claims in Florida are usually brought in state circuit courts. Venue is governed by Section 47.011, which generally requires that lawsuits be filed in the county where the defendant resides or where the cause of action arose. If the defendant is a nonresident and has no presence in Florida, the case may need to be filed in federal court.

Who Can File the Lawsuit (Plaintiff)

A wrongful death lawsuit must be filed by a court-appointed personal representative (PR) on behalf of the decedent’s legally defined “survivors.” Often, the PR is a close family member, such as an adult child or parent. In cases involving minor children or legally incapacitated individuals, the court may also appoint a guardian ad litem.
(For a detailed outline of who qualifies as a “survivor,” see our companion blog post.)

Who Can Be Sued (Defendant)

Defendants in wrongful death actions include any individuals or entities alleged to have caused the death through their negligence or misconduct.

Available Damages

The Florida Wrongful Death Act allows survivors to seek monetary compensation for a variety of losses, including:

• Mental pain and suffering
• Loss of companionship and protection
• Past and future loss of financial support and services
• Medical and funeral expenses

These damages are meant to compensate survivors and hold at-fault parties accountable under civil law.
(See our blog on available damages for a more comprehensive breakdown.)

Pretrial and Settlement

Wrongful death claims can be settled at any stage, including before a lawsuit is filed. Many cases are resolved during litigation, but before trial. Others are dismissed by the court, while some proceed all the way to verdict.

Trial Process

Most wrongful death trials are decided by a jury, though the parties may agree to have a judge serve as the fact-finder. While judges rule on legal matters, juries are responsible for determining the facts and awarding damages, if appropriate.

Appeals and Post-Trial Options

Both jury verdicts and judicial rulings can be challenged through the appeals process. The possibility of appeal often plays a role in encouraging post-trial settlement negotiations.

Final Thoughts

Wrongful death cases are among the most emotionally charged and legally complex matters in civil litigation. Due to the high stakes involved—both financially and personally—it is crucial that such claims be handled by experienced and highly competent legal counsel.

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Contact us at 305-758-4900 or by email (kgale@jeffgalelaw.com and jgale@jeffgalelaw.com) to learn your legal rights.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.

DISCLAIMER: This information provided by Jeffrey P. Gale, P.A. is for informational purposes only and is intended to be used as a non-legal guide prior to consultation with an attorney familiar with your specific legal situation. It should not be considered legal advice or counseling. No such legal advice or counseling is either expressly or impliedly intended. This information is not a substitute for the advice or counsel of an attorney. If you require legal advice, you should seek the services of an attorney.