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Florida Medical Malpractice Attorneys
Fighting For Your Justice

Wrongful Death Cases in Florida

Seek Justice with a Florida Medical Malpractice Lawyer

The passing of a loved one can be a devastating experience for a family to endure, especially if the circumstances involve the negligence of a medical professional. If your parent, child or spouse has lost their life due to a medical error, you may be able to receive monetary compensation with the help of a skilled attorney from David C. Rash P.A.

Our firm's experienced Florida medical malpractice attorneys have more than 25 years of experience handling these types of cases, and we are confident that we can maximize your chances of securing a desirable outcome for your situation. No family should have to live with the consequences of a careless medical practitioner, and we are here to make sure that your rights are protected.

Take the first step towards retaining results-driven counsel today – call (954) 914-7116.

What Is the Difference Between Medical Malpractice and Wrongful Death?

While a wrongful death suit can be inspired by medical malpractice, it can also come about in several other situations, such as car accidents and chemical exposure claims.

Essentially: medical malpractice occurs when a healthcare provider acts negligently and harms a patient. A wrongful death suit comes about when any kind of negligence leads to someone’s death.

If you were severely injured by a physician, for example, you would likely have a medical malpractice claim against them, but you would not be able to sue for wrongful death. If those injuries resulted in your passing away, however, your immediate family members would be able to pursue a wrongful death suit against the said physician.

Medical malpractice and wrongful death claims will also compensate the plaintiff for different damages. Awards in medical malpractice cases are typically meant to ensure the medical care and quality of life of those affected, while wrongful death awards are designed to cover burial and funerary expenses and care for the decedent’s survivors.

If you’re ever confused, remember that an instance of medical malpractice can lead to a wrongful death suit, but a wrongful death suit is not limited to the field of medical malpractice.

If you need further clarification or want to know if you have either type of case, our firm is here for you.

What Types of Medical Malpractice Can Result in Wrongful Death?

Any instance of medical malpractice can threaten your life. Some types of malpractice, referred to as never events are especially likely to result in a wrongful death suit.

These events include, but are not limited to:

Sometimes, an instance of medical malpractice is only called a never event when it leads to the death or serious injury of a patient.

Nevertheless, medical mistakes are alarmingly common, frequently deadly, and almost always preventable.

If you’ve lost a loved one to someone else’s carelessness, don’t hesitate to reach out today.

Elements of a Wrongful Death Case

When a family member passes away due to improper medical treatment, they are oftentimes eligible to file a wrongful death suit on behalf of the deceased. This type of lawsuit can allow a family to recover damages related to their loss, including lost income, medical expenses, and loss of personal relationship. In order to be eligible, however, certain requirements must be fulfilled.

A wrongful death case includes the following elements:

  1. Conduct that is negligent, in breach of contract, default, or otherwise wrongful
  2. The conduct in question caused another person's death
  3. The deceased person would have had the legal right to sue if they had not passed

Upon an intricate evaluation of your situation, our legal professionals can determine the most appropriate course of action and guide you through the process of filing a claim. Careless physicians need to be held accountable for their actions, and our attorneys are prepared to make every effort to ensure that your loved one's passing helps prevent others from suffering the same fate.

Who Can File a Wrongful Death Claim in Florida

According to Florida law, a personal representative of the deceased’s estate is the individual eligible to file a wrongful death claim. This representative could be named in the deceased’s will or estate plan. If such a person does not exist, the court can appoint a representative. Any compensation won in a wrongful death claim is distributed among the deceased’s estate and family members, regardless of whether or not the individual filing the claim is related to the deceased. Family members who may be eligible to recover damages include:

  • The deceased’s spouse and children
  • The deceased’s parents
  • Any other blood relative who is dependent on the deceased
  • An adopted sibling who is dependent on the deceased

In all cases, according to Florida Statutes section 95.11(4)(d), a wrongful death claim must be filed within two years of the deceased’s passing before the statute of limitations runs out. This means you have two years to file a claim or you will lose your opportunity to do so. There are some circumstances where the statute of limitations may be extended, depending on the specifics of your case. An attorney from our firm can inform you of your options.

What Damages Can I Recover in a Wrongful Death Claim?

While nothing can bring your loved one back, recovering the compensation your family deserves can bring the peace of mind knowing your expenses are covered and the negligent party was brought to justice. According to Florida Statutes section 768.21, family members of the deceased can pursue damages for the following:

  • Loss of support, companionship and guidance
  • Mental and emotional pain
  • Medical and funeral expenses
  • Lost earning capacity and wages

Retain Award-Winning Representation Today

While no amount of money could ever replace your loved one, we are ready to help get you through this difficult time. We accept our cases on a contingency fee basis, meaning that if we are not successful, you will not pay us a dime. With compassionate legal advocacy backed by a prestigious AV® Preeminent Rating from Martindale-Hubbell®, our Weston medical malpractice attorneys have the skills you need to aid you in your pursuit of a fair settlement.

Tell us more about your situation by contacting us online today.

  • AVVO
  • Multi-Million Dollar Advocates Forum
  • Million Dollar Advocates Forum
  • American Association for Justice
  • Top 25
  • America's Top 100
  • The National Trial Lawyers
  • Keenan Trial Institute
  • AV Preeminent 2021
  • AV Preeminent