In the state of Florida, as well as in most other states throughout the US, the civil court systems allow for wrongful death lawsuits to be brought forward by the survivors or estate of a deceased person killed in an accident or other circumstances “due to the wrongful act, negligence, default, or breach of contract or warranty of a person or persons”. Compensation can include medical and funeral expenses, loss wages and earnings, and lost companionship and support.
A wrongful death claim may be filed when a family loses a loved one to accidental death caused by another’s negligence or wrongdoing. A common example involves a motorist, pedestrian, or bicyclist who is struck and killed by a drunk driver. That accident victim’s surviving family members typically have the right to file a claim against the impaired driver to sue for damages.
In another common example involving product liability, a car company that manufactures a defective component, similar to the recent claims involving GM’s faulty ignition switches, could be held financially responsible for a driver’s death if the accident is directly linked to that component’s failure.
A third common example, one that has involved several different class actions, involves a pharmaceutical manufacturer whose new drug causes adverse, deadly side effects after a consumer takes the drug for a few weeks. If that consumer’s death is linked to adverse side effects that the pharmaceutical company failed to include on the warning label or otherwise should have known about, that company could be found liable for the death and ordered to pay damages.
Who may file a Wrongful Death Lawsuit?
In most states, including Florida, a wrongful death lawsuit must be brought (filed in court) by a representative on behalf of the survivors who suffer damage from the decedent’s death. Those who suffer from the loss – both emotionally and financially (usually immediate family members) – are called Real Parties in Interest. Said representative is most often the executor of the decedent’s estate. The “real parties in interest”, however, can vary somewhat based on different state laws. Still, in most civil courts, real parties of interest may include one or more of the following:
- Immediate family: All 50 states allow immediate family members (spouses and children – including adopted children) as well as parents of unmarried children to file a wrongful death suit and collect damages.
- Life or Domestic partnerships, Financial dependents: Most states permit a domestic or life partner, being any person who was financially dependent on the decedent (such as domestic partners sharing a home together) to file a wrongful death claim. Many states also recognize a “putative spouse” in this regard. A putative spouse is an unmarried person with a reasonable, good faith belief that he or she would soon be married to the victim – such as a fiancé.
- Distant family members: In some cases, other family members such as siblings or grandparents may file wrongful death lawsuits. For example, a grandparent who is raising a child may be able sue for damages on behalf of the decedent.
- Any person who suffers financially: Some states also allow individuals who suffer financially from the loss caused by an accidental death to pursue a wrongful death claim. In such cases, the claimant cites lost care or support, even if they are not connected by blood or by marriage to the decedent.
No matter who sues for damages, whether a wrongful death suit warrants damages and results in a settlement or verdict depends greatly on the circumstances behind the decedent’s death as well as the plaintiff’s ability to provide evidence and demonstrate fault or negligence in court. Despite this potential outcome, any real party of interest may contact a personal injury attorney and file a wrongful death claim in court.
References: NOLO
