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Wrongful Death FAQ
What is a wrongful death claim?
Wrongful death is a claim brought against a party whose negligence caused the death of another. The actions of the accused would be deemed outside of the scope of what a reasonable, careful person would do in the same situation.
What can I sue for in a wrongful death case?
There are two categories of damages in a wrongful death suit:
- Survivor: damages recovered by loved-ones (as recognized by the state)
- Estate: property, belongings, etc., left to beneficiaries of the decedent by way of a will
Survivor Damages
- Lost Support and Services: monetary and property contributions; also includes familial tasks performed
Are wrongful death settlements taxable?
The Internal Revenue Service (IRS) has ruled that, in general, compensatory damages are not generally taxable. The code does point out that in some cases, if monies for medical expenses were itemized and claimed on prior years taxes, those amounts would become taxable upon receipt of the settlement. Punitive damages may be taxable…
Who can sue for wrongful death?
The state of Florida determines that wrongful death claims be brought only by the personal representative of the deceased person’s estate to file the wrongful death claim.
The deceased’s will or estate plan may pre-name a personal representative. If no will or estate plan exists, the personal representative will be appointed by the court.
How do I file a wrongful death suit?
Wrongful death suits must be filed within the statute of limitations. In Florida, that time frame is four years from the death of the victim. Filing outside of the statute could mean loss of the ability to file at all as the court can refuse to accept the suit.
What are wrongful death damages?
In short, each survivor, as identified by the personal representative, may recover the value of lost support and services from the date of the decedent’s injury to the date of death, with interest, including any future loss of service and support. During the valuation for loss of services and support, the following factors are considered:
What factors must be present to prove wrongful death?
In order to present a successful wrongful death case to an insurance company or court of law, the claim can only be supported if specific elements are present:
- death was caused by the defendant, whether or in whole or in part.
- death occurred as a direct result of the defendant’s negligence.
- death has affected you and/or other surviving family members (children, parents, spouses) who qualify to receive compensation through a wrongful death settlement/verdict.
- death resulted in monetary damages.
What circumstances can substantiate a wrongful death claim?
There are three major categories in which wrongful death claims are typically grouped: medical malpractice, work-related death and criminal acts. It is important to speak with an attorney early in the case to determine how to proceed.
How much is my wrongful death case worth?
This is a tricky question.
First, we must establish that there is a valid wrongful death claim, meaning the following burdens have been met:
- death was caused by the defendant, whether or in whole or in part.
- death occurred as a direct result of the defendant’s negligence.
- death has affected you and/or other surviving family members (children, parents, spouses) who qualify to receive compensation through a wrongful death settlement/verdict
- death resulted in monetary damages
How long can a wrongful death lawsuit take?
These cases can take years from inception to completion. Furthermore, it will be extremely emotional. The following is a summary of the steps involved in a wrongful death case:
Can I sue a hospital for wrongful death?
Suits can be filed against healthcare providers of all types for medical negligence leading to wrongful death. In Florida, a medical malpractice action must be brought within two years from the date of the incident or from the date when the incident was or should have been discovered. An exception applies in cases where the facility knowingly withheld bad or inappropriate action from the claimant. Read More
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