Frequently Asked Questions (FAQs)
- What is a wrongful death claim?
- What damages are recoverable in a wrongful death claim in Florida?
- How long does someone with a personal injury or wrongful death claim have to file a lawsuit?
- If I am seriously injured in an auto accident, what do I need to know about insurance coverage in the State of Florida?
Q: What is a wrongful death claim?
A: A wrongful death claim is a lawsuit that arises when a person has died as a result of the conduct of another person. A wrongful death lawsuit is different from other types of personal injury claims because the actual victim (the "decedent") is not the person bringing the lawsuit; rather, it is the representative for the decedent's estate who initiates the lawsuit for the benefit of the decedent's survivors and estate. (Section 768.20 of the Florida Statutes)
Q: What damages are recoverable in a wrongful death claim in Florida?
A: Recoverable damages in a Florida wrongful death action include the following:
- Each survivor of the decedent may recover: lost support and services from the date of the decedent's injury to his or her death, with interest, and future loss of support and services from the date of death, reduced to present value.
- The surviving spouse may recover: loss of decedent's companionship and protection and mental pain and suffering from the date of injury.
- Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may recover: lost parental companionship, instruction and guidance, and mental pain and suffering from the date of injury.
- If the decedent is a minor child, each parent may also recover for mental pain and suffering from the date of injury.
- If the decedent is an adult child with no other survivors, each parent may also recover for mental pain and suffering from the date of injury (except in claims for medical negligence under Section 766.106(1) of the Florida Statutes.
- Medical or funeral expenses due to the decedent's injury or death may be recovered by the survivor who paid for these expenses.
The decedent's personal representative may also recover the following damages on behalf of the estate:
- Loss of earnings of the deceased from the date of injury to the date of death
- Loss of the prospective net accumulations of the estate, reduced to present value, may be recoverable under certain circumstances
- Medical or funeral expenses that have been charged to the estate
"Minor children" refers to children under the age of 25, regardless of the age of majority.
Q: How long does someone with a personal injury or wrongful death claim have to file a lawsuit?
A: With any lawsuit, the statute of limitations restricts the amount of time a plaintiff has to file a lawsuit. If a plaintiff fails to file a lawsuit within the statute of limitations, they have no legal recourse-the claim will be barred by law. The amount of time varies depending on the type of case. For some matters, such as medical malpractice claims, a plaintiff in Florida may have up to two years from the date of the injury or death to file a claim or lawsuit. A plaintiff with a claim for other matters, such as personal injury or product liability, might have four years from the date of the injury or death to file a claim or lawsuit. The Florida Statutes (under Chapter 95) provide more detailed information on the applicable statutes of limitation.
For plaintiffs, it is recommended that they speak directly to an attorney about the specifics of their case. While between two and four years might seem like a long time, plaintiffs should consult an attorney as soon as possible. Key witnesses may become unavailable, or their memories may fade over time. Additionally, documentation and other evidence for a case can be very difficult to obtain if a considerable length of time passes between the injury and when an attorney begins representation. It is important to seek legal counsel promptly to initiate an investigation into the facts and circumstances surrounding the claim and to preserve evidence.
Q: If I am seriously injured in an auto accident, what do I need to know about insurance coverage in the State of Florida?
A: Personal Injury Protection (PIP): Florida is a no-fault insurance state, which means that regardless of who is at fault, your insurance company will generally pay for your injuries up to your personal injury protection (PIP) limit. The typical policy pays for 80% of an injured parties' medical expenses and 60% of their lost wages (up to $10,000.00). PIP coverage also includes a death benefit. Florida requires all registered vehicles to carry at least $10,000 of PIP and $10,000 of property damage liability (PDL).
Medical Payments Coverage: Unlike PIP, which is mandatory required insurance coverage in the State of Florida, Medical Payments Coverage, or Med-Pay, is voluntary additional coverage designed to supplement PIP. If you have Med-Pay coverage, the insurance company will cover your medical expenses up to the maximum amount specified in the insurance contract.
Liability Coverage: Liability coverage protects the insured from legal liability for any bodily or property damage sustained by others that were caused by the negligence of the insured. Typically, these policies contain separate stated limits for bodily injury liability and property damage liability. Under liability coverage agreements, the insurance company agrees to defend the insured against claims for liability and provide coverage up to the stated policy limits for bodily injury liability and property damage liability.
Uninsured Motorist Coverage (UM): This voluntary form of insurance coverage provides benefits up to the policy limit for damages caused by uninsured or underinsured motorists. This type of coverage allows the injured insured to recover damages they are legally entitled to recover due to the negligence of an uninsured or underinsured motorist. Every insurance company conducting business in the State of Florida is required to offer UM coverage as part of their auto insurance policies, and any insured who rejects UM coverage is required to decline the offer in writing. Due to the increasing number of uninsured motorists on Florida's roadways, UM coverage is considered to be the most important form of voluntary insurance coverage available.
Additional Coverages: Additional types of insurance coverage are also available in the State of Florida. For example, a type of voluntary coverage referred to as Extended PIP increases the medical benefits paid from 80% to 100%, and lost wages from 60% to 80%.
For further information about insurance coverage following an accident or injury, contact the experienced personal injury attorneys at the Befera Law Firm for assistance.
