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What You Need to Know About Wrongful Death Lawsuits in Florida

The unexpected loss of a loved one can be emotionally traumatizing. It’s also a period of time when family members have questions. Many of those questions involve finances, including compensation for a wrongful death.

In Florida, a wrongful death lawsuit can be filed when a person’s death is caused by a wrongful act, negligence, default or breach of contract or warranty. Situations that bring about a wrongful death may include:

  • Auto, motorcycle or boating accident
  • Work-related accident
  • Medical malpractice
  • Defective product
  • Dangerous conditions

Florida allows the following to recover damages due to a wrongful death:

  • Surviving spouse
  • Minor children
  • Adult children (when there is no surviving spouse)
  • Each parent of a deceased minor child; and
  • The parents of an adult child (when there are no other survivors)

Reason to Hire a Wrongful Death Attorney

Wrongful death lawsuits can be complicated and require some investigation to determine the possibility of compensation. This includes researching insurance policies and defendant’s access to funds.

Once the attorney has answers, they can help guide you to a decision to pursue a wrongful death lawsuit.

Reasons to File a Wrongful Death Lawsuit

The loss of a loved one can be financially crippling to a family—especially if the deceased was the primary breadwinner. Reasons to file a wrongful death lawsuit include:

  • Pay outstanding medical and funeral costs
  • Compensation for lost income
  • Pain and suffering caused by the death of a loved one

Statute of Limitations: Be Aware that You’re on a Deadline

Under Florida’s statute of limitations for wrongful deaths, you have two years from the date of death to file a lawsuit.

It’s important to have experienced representation when considering a wrongful death lawsuit. Attorneys at Fusco Law Group can provide the legal guidance and experience to help you through this traumatic period of your life and help you get the compensation you and your family deserve.

Let Our Personal Injury and Wrongful Death Team Represent You!

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Your Guide to Wrongful Death Lawsuits in Florida

Compensation (Damages) in a Florida Wrongful Death Lawsuit

In Florida, there are two types of damages awarded in a wrongful death lawsuit.


The estate of the deceased can recover:

  • Loss of net accumulation based on economic evidence of how much the deceased would have left in the estate (future business, employment income, etc.)
  • Lost earnings
  • Medical and funeral expenses


Survivors can recover:

  • Lost support and services
  • Loss of companionship, protection, guidance and instruction
  • Pain and suffering
  • Medical and funeral expenses

Steps in a Florida Wrongful Death Lawsuit

The steps of a wrongful death lawsuit include:

  1. Attorney consultation: Free at Fusco Law Group
  2. Case investigation: Independently conducted by your attorney
  3. Filing a wrongful death lawsuit: Including notifying defendant of allegations
  4. Discovery phase: Further evidence evaluated
  5. Trial: Where evidence is presented and judge or jury evaluates facts, fault and possible damage awards
  6. Appeal: Either party has right to appeal the verdict

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