Wrongful Death - FAQ's

Florida Wrongful Death Lawyers

• Who is entitled to bring a wrongful death claim?

A wrongful death action is brought by the personal representative of the decedent’s estate. The personal representative has a duty to bring all claims on behalf of the estate and all survivors recognized by the Florida Wrongful Death Act to the lawyer.

• What do I need to prove in order to bring a successful wrongful death claim in Florida?

Florida law requires that your loved one died as a result of someone else’s negligent, reckless, or intentional conduct.

• How do I know how much my wrongful death claim is worth?

The value of your wrongful death claim will depend on several factors, which we will discuss with you at your initial consultation with your lawyer. The value will focus on the earnings of the deceased individual and many other factors.

• Does Florida law allow recovery for pain and suffering by the deceased in a wrongful death claim?

Typically not with some very rare exceptions. The Florida Wrongful Death Act does compensate the decedent’s survivors for pain and suffering, mental anguish, loss of companionship, and other damages as a result of the decedent’s death.

• How long does it usually take to complete a wrongful death lawsuit?

Every wrongful death claim is different. However, a Florida wrongful death lawyer at Avera & Smith knows how important it is to you to have your case competently and successfully tried. They typical case lasts approximately eighteen (18) months but may take longer if there are complex legal issues involved. The important thing is to begin to prepare the case for trial the moment you hire us as your lawyers.

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