TALLAHASSEE WRONGFUL DEATH LAWYER

The sudden loss of a loved one can be overwhelming. When a death occurs because another individual or company acted negligently, recklessly, or wrongfully, Florida law may allow surviving family members to pursue accountability and financial recovery.

A wrongful death generally refers to a situation in which someone dies due to another party’s negligence, misconduct, or wrongful conduct. These cases are governed by each state’s wrongful death statutes.

A wrongful death claim enables certain surviving family members to seek compensation for both the financial losses resulting from the death and the personal loss of their loved one’s companionship and support.

To prove a wrongful death case in Tallahassee, an attorney typically must demonstrate that:

• The defendant owed a duty of care
• The defendant violated that duty
• The breach directly led to the death
• The surviving family members suffered legally recognized damages

Florida law also outlines who is eligible to file a wrongful death claim and how any recovered compensation may be allocated among surviving family members.

Wrongful death claims may arise from a wide range of preventable incidents. While each case is unique, certain types of fatal accidents occur more often in communities like Tallahassee.

Some common causes of wrongful death include:

• Car accidents: Often involving reckless, negligent, or distracted driving
• Pedestrian or bicycle collisions: When drivers fail to yield or operate vehicles safely around vulnerable road users
• Commercial truck accidents: Cases involving driver fatigue, poor vehicle maintenance, or unsafe driving practices
• Medical malpractice: Mistakes by doctors, nurses, or other healthcare professionals in hospitals or surgical facilities
• Workplace accidents: Including construction site incidents or other hazardous job conditions
• Drownings: Occurring in residential pools, public pools, or other unsafe water environments
• Premises liability incidents: Dangerous conditions at businesses, apartment complexes, or other properties
• Defective products: Consumer goods or equipment that are dangerous or malfunctioning
• Nursing home neglect or abuse: Failure to provide proper care for vulnerable residents
• Violent or criminal acts: Fatal injuries resulting from assault, homicide, or other criminal conduct

Any of these circumstances may lead to a civil wrongful death claim. These civil cases are separate from any criminal proceedings that might arise from the same incident.

If you believe a wrongful death may have occurred, taking prompt action can help protect your legal rights and preserve important evidence. Consider the following steps:

Obtain a Death Certificate

An official death certificate records the cause of death and may serve as an important document in evaluating a potential claim.

Gather Evidence

Gather any relevant evidence that may support the claim, including medical records, accident reports, photographs, witness statements, or other documentation. If the death occurred in a workplace or medical environment, it may also be useful to obtain records related to treatment, procedures, or potential safety violations.

Contact Morgan & Morgan

A wrongful death attorney can review the details of the situation and help outline possible next steps. They can also assist in determining who may be liable and what types of compensation might be available.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to reduce the value of a claim. It may be helpful to consult with an attorney before giving statements or discussing the matter with insurers.

Determine Who Can File a Claim

Florida law outlines who is authorized to bring a wrongful death lawsuit. In Florida, the claim must be filed by the personal representative of the deceased person’s estate on behalf of both the estate and the surviving family members.

Eligible survivors may include a spouse, children, parents, and, in certain circumstances, blood relatives or adoptive siblings who depended on the deceased for support or services. An attorney can help determine who may qualify as a survivor under Florida’s wrongful death laws.

Be Aware of the Statute of Limitations

Florida law establishes firm deadlines for filing a wrongful death claim. If a case is not filed within the applicable time frame, the ability to pursue legal action may be forfeited. For this reason, it is important to move quickly and understand the filing deadlines that could affect your case.

Consider the Financial and Emotional Impact

A wrongful death claim may allow surviving family members and the estate to seek compensation for both the financial and personal losses resulting from the death. Possible damages may include medical costs associated with the final injury, funeral and burial expenses, loss of financial support or household services, and the loss of companionship, guidance, and protection.

An attorney can review the circumstances of the case to identify which economic and non-economic damages may be available under Florida law and how those damages may apply to the surviving family members and the estate.

Determining whether you may have a valid wrongful death claim depends on several key legal factors. Below are some of the considerations that may help determine whether a case exists.

Was there negligence or misconduct?

A wrongful death claim generally requires evidence that another person or entity acted negligently, recklessly, or wrongfully, and that this conduct contributed to the death. Situations that may give rise to a claim can include car accidents involving reckless or distracted drivers, medical malpractice caused by a healthcare provider’s error, unsafe workplace conditions that lead to fatal incidents, and criminal acts such as assault or homicide.

Did the death result from that negligence?

There must be a direct connection between the responsible party’s actions, or failure to act, and the death. For example, if a doctor fails to diagnose a treatable illness and the patient later dies as a result of that condition, the missed diagnosis could potentially form the basis of a wrongful death claim.

Do you have legal standing?

Only certain individuals are permitted to file a wrongful death lawsuit, and who qualifies is determined by state law. In many situations, the case is filed by the personal representative of the deceased person’s estate on behalf of the surviving family members.

Potential beneficiaries may include a surviving spouse, children, parents, or other relatives who relied on the deceased for financial support, depending on the applicable laws.

Are there recoverable damages?

A wrongful death claim must involve losses that are recognized under the law. These damages may include:

• Medical bills related to the final injury
• Funeral and burial expenses
• Loss of financial support, including expected future income and benefits
• Loss of companionship, care, guidance, and support

The specific types of damages that may be available depend on state law and the particular circumstances surrounding the death.

Is the claim within the statute of limitations?

Each state sets a deadline for filing wrongful death lawsuits. If a claim is not filed within that time period, the right to pursue legal action may be lost.

Florida law outlines who is authorized to pursue a wrongful death claim. Under the state’s Wrongful Death Act, the lawsuit must be brought by the personal representative of the deceased person’s estate.

The personal representative files the claim on behalf of both the estate and the surviving family members. Those who may qualify as survivors include a spouse, children, parents, and, in some situations, other relatives who relied on the deceased for financial support.

If a personal representative has not already been appointed, the probate court may designate one to pursue the claim on behalf of the estate and any eligible survivors.

Florida law sets firm deadlines for filing a wrongful death claim. In most instances, the time period begins on the date of the individual’s death, though certain circumstances may influence how the deadline is determined.

Different rules may apply in situations involving medical malpractice, claims against government agencies or entities, or cases where the cause of death is discovered later.

Because these deadlines are strictly enforced and failing to meet them may permanently bar a claim, it is important to take action promptly to protect your legal rights.

A wrongful death lawsuit and a criminal case can sometimes arise from the same event, but they have different purposes and operate under different legal standards.

Purpose

• Wrongful death lawsuit (civil case): In Florida, a wrongful death claim is typically filed by the personal representative of the deceased person’s estate on behalf of the surviving family members and the estate. The goal is to pursue financial compensation for losses related to the death, such as medical bills, funeral expenses, and the loss of financial support.
• Criminal case: A criminal case is initiated by the government when a person is accused of violating criminal law. The objective is to impose penalties, which may include incarceration, fines, or probation.

Burden of Proof

• Civil case: The plaintiff must establish liability by a preponderance of the evidence, meaning it is more likely than not that the defendant caused the harm.
• Criminal case: Prosecutors must prove guilt beyond a reasonable doubt, which is a significantly higher standard.

Who Brings the Case

• Civil case: Filed by the personal representative of the deceased person’s estate on behalf of the estate and surviving family members under Florida law.
• Criminal case: Brought by government prosecutors representing the state.

Possible Outcomes

• Civil case: May lead to an award of financial compensation for the surviving family members or the estate.
• Criminal case: May result in criminal penalties, such as jail or prison time, fines, or probation.

Can both happen at the same time?

Yes. A civil wrongful death claim may proceed separately from any criminal charges arising from the same incident.

A wrongful death lawsuit and a survival action are both legal claims that can arise when a person dies due to another party’s negligence. However, they address different types of losses and serve distinct purposes.

Wrongful death lawsuit

A wrongful death claim centers on the losses suffered by surviving family members following the death. These damages may include funeral and burial costs, lost financial support, and the loss of companionship or services, depending on the applicable state law. At its core, the claim focuses on how the death affects the surviving beneficiaries.

Survival action

A survival action is filed on behalf of the deceased person’s estate. It seeks compensation for damages the individual could have pursued if they had lived. These damages may include medical bills, lost wages, or other losses that occurred between the time of the injury and the person’s death.

Key difference

The key difference lies in timing and purpose. Wrongful death claims focus on the losses experienced by surviving family members after the death, while survival actions pursue compensation for the harm the deceased suffered before passing. In some situations, both claims may be filed together.

In a wrongful death case, compensation, referred to as damages, is meant to address the losses experienced by surviving family members and the estate after a death. The damages that may be recovered will depend on Florida law and the specific facts of the case.

Under Florida’s Wrongful Death Act, potential damages may include:

Economic losses

• Medical bills associated with the final injury or illness
• Funeral and burial expenses
• Loss of financial support and services that the deceased would have provided
• Loss of prospective net accumulations to the estate in certain situations

Non-economic losses

• Loss of companionship, protection, and emotional support for a surviving spouse
• Loss of parental companionship, instruction, and guidance for minor children
• Mental pain and suffering experienced by eligible surviving family members

In situations involving particularly reckless or intentional conduct, Florida law may also allow for punitive damages.

Because every wrongful death case is based on unique circumstances, an attorney can review the details to help identify the types of damages that may be available depending on the specific facts of the loss.

Establishing liability in a wrongful death case typically requires showing that the defendant’s actions, or failure to act, legally caused the death. Although these cases may involve complex circumstances, they typically center on whether the defendant acted negligently, recklessly, or intentionally.

Establishing Negligence

In many wrongful death claims, the plaintiff, usually the personal representative of the estate acting on behalf of surviving family members, must show that the defendant did not exercise reasonable care.

To prove negligence, four key elements are typically required:

• Duty of care: The defendant had a legal responsibility to act with reasonable care toward the deceased. For example, drivers are expected to operate vehicles safely, and healthcare providers must deliver competent medical treatment.
• Breach of duty: The defendant failed to uphold that standard of care.
• Causation: The breach of duty was a significant factor that led to the death.
• Damages: The death caused legally recognized losses for the surviving family members or the estate.

Intentional or Reckless Conduct

In certain cases, liability may arise from intentional conduct or a reckless disregard for safety rather than ordinary negligence. Even under these circumstances, the plaintiff must still demonstrate that the defendant’s actions directly led to the death.

Evidence Used to Prove Liability

Establishing responsibility often requires gathering and analyzing different types of evidence, which may include:

• Medical records
• Eyewitness testimony
• Expert analysis, such as medical experts or accident reconstruction specialists
• Police or incident reports
• Photographs or surveillance footage
• Addressing Potential Defenses

Defendants may argue that the deceased was partially responsible for the incident. Depending on state law, shared fault can reduce or limit the amount of compensation that may be recovered. Strong evidence and effective legal advocacy are often essential to addressing these defenses.

Why Legal Guidance Matters

Wrongful death cases frequently involve complex circumstances, multiple potentially responsible parties, and substantial financial consequences. An experienced attorney can examine the incident, secure and preserve key evidence, consult with qualified experts, and develop a case designed to demonstrate liability under the relevant state law.

In a wrongful death case, an expert witness may be called upon to clarify technical or specialized matters that fall outside the typical understanding of a jury. Their role is to provide expert insight that can support the plaintiff’s case or counter the defense’s arguments. These witnesses are typically specialists in relevant fields such as medicine, accident reconstruction, or economics.

For example, a medical expert may explain the cause of death, the severity of the injuries, and how the defendant’s actions may have contributed to the fatal outcome. Likewise, an accident reconstruction expert may analyze the available evidence to demonstrate how an accident occurred and whether the defendant’s behavior played a role. By providing professional opinions based on their expertise, these witnesses help the jury better understand complex issues and make more informed decisions.

Yes. Insurance frequently plays a significant role in wrongful death claims. In many situations, the individual or organization responsible for the death may carry insurance coverage that could help compensate surviving family members for their losses. Insurance may be involved in several ways:

Defendant’s Liability Insurance

If the responsible party has liability insurance, for example, in a car crash or workplace incident, the policy may help cover damages awarded in a wrongful death claim. The insurance company usually manages the defense and may propose a settlement to resolve the case before it goes to trial.

Life Insurance

If the deceased maintained a life insurance policy, the designated beneficiaries, such as a spouse, children, or other dependents, may receive death benefits. These benefits are separate from a wrongful death lawsuit but can provide additional financial support to the family.

Employer or Workers’ Compensation Insurance

When a fatal accident occurs on the job, the employer’s workers’ compensation coverage may pay for certain expenses. However, workers’ compensation benefits generally do not include non-economic damages like pain and suffering. In some circumstances, a separate claim against a third party may be possible if another party’s negligence contributed to the death.

Insurance Settlements

Insurance companies often attempt to resolve wrongful death claims through settlements before a case reaches trial. These settlements may compensate families for losses such as medical bills, funeral expenses, and lost income.

Insurance coverage can be an important factor in wrongful death cases, whether through liability policies, life insurance benefits, or workers’ compensation. However, policies may not cover every type of loss, and the amount available can vary depending on the circumstances.

It is also important to recognize that insurance companies may try to minimize the amount they pay. Legal representation can help ensure the claim is properly evaluated and that the family’s rights are protected.

Hiring a lawyer is not legally required to file a wrongful death claim, but having legal representation is often beneficial. These cases can involve complicated legal procedures, evidence collection, and negotiations with insurance companies or other responsible parties.

Florida’s wrongful death laws also contain specific provisions about who can bring a claim, the types of damages that may be recovered, and the time limits for filing a case. An attorney can help make sure the claim is properly prepared and submitted within the applicable deadlines.

Proving that negligence or wrongful conduct led to the death usually requires significant evidence, which may include accident reports, medical records, expert opinions, and witness testimony. An experienced attorney can assist with gathering and presenting this information to support the case.

Insurance companies may try to limit the amount they pay or dispute responsibility entirely. In some cases, families may feel pressure to accept settlement offers that do not fully account for their losses. An attorney can handle negotiations with insurers and pursue compensation that more closely reflects the damages involved.

If a settlement cannot be reached, the case may proceed to trial. Litigation can involve preparing legal filings, presenting evidence, and making arguments before a judge or jury. An attorney can oversee these steps and advocate for the rights and interests of surviving family members throughout the legal process.

Morgan & Morgan’s attorneys work on a contingency fee basis, which means there are no upfront fees or expenses to start your case. In other words, the Fee Is Free™; you only pay if we win.

If your case is successful, our fee is typically a percentage of the settlement or verdict. This arrangement aligns our interests with yours and motivates us to pursue the best possible outcome for your case.

We value open communication with our clients. Most updates and questions are handled through your Case Manager by phone or email. If you would like to speak directly with your attorney by phone, we can arrange that by scheduling a call.

When you choose Morgan & Morgan, you’re supported by the resources of the largest personal injury law firm in the country, with more than 1,000 attorneys and offices across all 50 states and Washington, D.C.

Your case will be handled by a dedicated team that may include personal injury attorneys, paralegals, and other support professionals. A lead attorney will manage the case and direct the overall legal strategy, while the broader team helps keep you informed and provides support throughout the process.

Morgan & Morgan’s attorneys have represented many families facing similar circumstances and have helped recover significant compensation on their behalf. As the largest personal injury law firm in the country, with offices across the United States, the firm has the resources, experience, and commitment needed to pursue justice for those affected by negligence.

The firm works on a contingency fee basis, which means there are no upfront costs, and payment is only required if a recovery is obtained. Morgan & Morgan believes access to justice should not depend on financial circumstances, which is why the firm operates under the Fee Is Free® promise, which means you only pay if compensation is recovered.

With strong roots in Florida, the firm is familiar with local courts, judges, and insurance practices. Morgan & Morgan has recovered billions of dollars for clients nationwide and has the capacity to take on large corporations, hospitals, and insurance companies.

Losing a loved one due to someone else’s negligence can place a heavy burden on a family. If your family has experienced this type of loss, contacting Morgan & Morgan’s Tallahassee team for a free case evaluation may help you better understand your legal options.