Malcolm Rivera
Florida's Wrongful Death Act allows surviving family members to file a lawsuit to recover compensation for losses incurred due to a loved one's death caused by negligence, recklessness, or intentional violence. The Act covers various collateral sources, including life insurance benefits, health care services, and automobile accident insurance. These collateral sources provide compensation to the victim's survivors, separate from the damages awarded in a wrongful death lawsuit. To establish a cause of action for negligence, plaintiffs must prove the existence of a legal duty owed to the deceased, breach of that duty, causation, and consequential damages. This article will explore what constitutes collateral sources under Florida's Wrongful Death Act and the legal process for seeking compensation.
| Characteristics | Values |
|---|---|
| What is Florida's Wrongful Death Act? | Florida Statute 768.16 to 768.26, which created a statutory cause of action for wrongful death claims. |
| Who can file a lawsuit? | The decedent's personal representative on the family's behalf. If no will is in place, the personal representative is typically the surviving spouse or another family member of the victim. |
| What constitutes negligence? | A breach of a legal duty owed to the decedent, resulting in their death. |
| What are collateral sources? | Any compensation paid to the plaintiffs in a wrongful death action that comes from a party other than the defendant. |
| What do collateral sources include? | Life insurance benefits, health care services and providers, automobile accident insurance, and other sources of compensation. |
| How are damages calculated? | By factoring in compensatory and punitive damage awards, future medical treatment costs, necessary treatment costs, lost wages, and lost earning capacity. |
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What You'll Learn
Compensation paid to survivors
In Florida, if a person dies due to another's negligence, recklessness, or intentional act of violence, their surviving family members have a right to file a lawsuit to recover compensation for their losses. This is outlined in Florida's Wrongful Death Act, which includes Section 768.19.
The personal representative of the deceased can act as the plaintiff in the lawsuit and pursue a case against the individual whose actions resulted in the death of the victim. This representative is typically the surviving spouse or another family member. Any damages recovered are for the benefit of the surviving family members and/or the estate, addressing the financial and emotional losses suffered by the victim's survivors.
Collateral sources, as defined by Florida's Wrongful Death Act, include compensation paid to the victim's survivors to make them whole. This can include life insurance benefits, health care services and providers, automobile accident insurance, and other possible sources of compensation. For example, if the victim had a life insurance policy, their beneficiaries can recover compensation, which is kept separate from whatever the surviving family members receive in the wrongful death lawsuit settlement.
Florida law allows plaintiffs in wrongful death actions to receive compensatory damages and, in some cases, punitive damage awards. These damages can include reimbursement for medical expenses, lost wages, and lost earning capacity. The plaintiff must prove that they needed certain medical treatments, care, and services as a direct result of the defendant's negligence, recklessness, or intentional actions.
To establish a cause of action for negligence, a plaintiff must prove the existence of a legal duty owed to the decedent, breach of that duty, legal or proximate cause of death, and consequential damages.
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Life insurance benefits
In Florida, if a person dies due to another's negligence, recklessness, or intentional act of violence, their surviving family members have a right to file a lawsuit to recover compensation for their losses. This is outlined in Florida's Wrongful Death Act, which covers various collateral sources, including life insurance benefits.
In a wrongful death case, it's crucial to determine future damages for collateral source claims. This can be done by factoring in the award of damages for personal injury lawsuits, compensatory and punitive damage awards, calculating future medical treatment costs and damages, necessary treatment costs, and determining the timeframe for necessary treatment.
Florida law allows plaintiffs in wrongful death actions to receive compensatory damages and, in some cases, punitive damage awards. For example, if a person dies while on the job due to extreme negligence, workers' compensation benefits may go to their surviving family members.
It's important to note that Florida has different laws governing wills, estates, and life insurance contracts. Generally, a life insurance contract is not a probate asset and is exempt from probate as it is governed by contract laws. However, a life insurance policy can become part of probate if the beneficiary on the policy is the decedent's estate. If the decedent named different beneficiaries on their life insurance policy in the will and the life insurance contract, litigation and probate may be necessary to resolve the discrepancy.
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Health care services
In Florida, when a person dies due to another party's misconduct, negligence, or intentional violence, the deceased person's estate or family members may file a wrongful death lawsuit. Florida's Wrongful Death Act allows surviving family members to recover compensation for the loss of their loved one, which can include healthcare services and providers as collateral sources.
Collateral sources refer to any compensation paid to the plaintiffs in a wrongful death action that comes from a party other than the defendant. In the context of healthcare services, collateral sources can include the costs accrued while the victim was in the hospital receiving care, which are then reimbursed to the surviving family members. This is separate from any damages awarded in a successful wrongful death lawsuit.
For example, if a person suffers a spinal injury in a car accident due to another's negligence, they may require extensive medical treatment, including surgeries and physical therapy. The costs of these medical services can be claimed as collateral sources, separate from any damages awarded in a lawsuit.
It is important to note that Florida's collateral source rule also addresses evidence: evidence of collateral benefits is considered inadmissible as it might mislead the jury on liability and damages. This means that defendants cannot present evidence of other sources where plaintiffs recovered compensation, protecting plaintiffs from having their damages reduced by amounts they recovered from third parties.
Additionally, in cases of medical malpractice resulting in wrongful death, there are restrictions on the types of damages available to family members. For instance, adult children of the deceased cannot claim compensation for lost parental companionship or mental pain and suffering.
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Automobile accident insurance
In Florida, automobile accident insurance is a collateral source under the Wrongful Death Act. This means that it is a source of compensation for the victim's survivors, separate from any damages awarded in a wrongful death lawsuit.
Florida's Wrongful Death Act allows the surviving family members of a person who died due to negligence, recklessness, or intentional violence to file a lawsuit and recover compensation for their losses. The Act is codified in Florida Statutes 768.16 to 768.26, with 768.19 outlining the right of action for surviving family members.
To establish a cause of action for negligence in a wrongful death case in Florida, a plaintiff must prove four elements:
- The existence of a legal duty owed to the decedent (a threshold question)
- Breach of that duty
- Legal or proximate cause of death was that breach
- Consequential damages as a result
In the context of automobile accidents, various types of insurance coverage come into play. Florida law requires vehicle owners to carry a minimum of $10,000 in Personal Injury Protection (PIP) and Property Damage Liability (PDL) insurance. PIP covers 80% of necessary and reasonable medical expenses up to $10,000, regardless of who caused the crash. PDL pays for damage to another person's property caused by the insured vehicle, up to $10,000. Additionally, Bodily Injury Liability (BIL) coverage pays for injury or death to others, and is required for three years if the driver has been convicted of a DUI. Comprehensive insurance covers losses from incidents other than collisions, such as fire, theft, or vandalism, while Collision insurance covers damage to the insured vehicle in a collision.
In a wrongful death case, future damages for collateral source claims are crucial. This includes calculating future medical treatment costs, determining the timeframe for necessary treatments, and considering lost wages and earning capacity.
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Personal injury lawsuits
In Florida, personal injury lawsuits can be filed by the personal representative of the deceased's estate on behalf of surviving family members. This is typically the surviving spouse or another family member of the victim. The personal representative acts as the plaintiff in the wrongful death lawsuit and any damages recovered are for the benefit of the surviving family members and/or the estate.
To establish a cause of action for negligence in a wrongful death case, a plaintiff must prove four elements:
- The existence of a legal duty owed to the deceased (a threshold question)
- Breach of that duty
- Legal or proximate cause of death as a result of that breach
- Consequential damages
The majority of damages related to personal injury awards include reimbursement for medical expenses for treatment the victim has already received and future expected treatment. Other damages include lost wages and lost earning capacity if the victim has to miss work to recover or can no longer work. Florida law allows plaintiffs in wrongful death actions to receive compensatory damages and, in some cases, punitive damage awards.
In a wrongful death case, it is crucial to determine future damages for collateral source claims. This can be done by factoring in the award of damages for personal injury lawsuits, compensatory and punitive damage awards, calculating future medical treatment costs and damages, and determining the timeframe for necessary treatment costs.
Collateral sources are any compensation paid to the plaintiffs in a wrongful death action that comes from a party other than the defendant. This includes life insurance benefits, health care services and providers, automobile accident insurance, and other possible sources of compensation.
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Frequently asked questions
The Florida Wrongful Death Act allows surviving family members to file a lawsuit to recover compensation for losses suffered due to the negligence, recklessness, or intentional act of violence of another party that resulted in the death of their loved one.
In Florida, a wrongful death claim can only be brought about by the decedent's personal representative on the family's behalf. If the victim had a will and appointed a representative, that individual can act as the plaintiff in the lawsuit. If no will is in place, the personal representative is typically the surviving spouse or another family member of the victim.
Collateral sources are any compensation paid to the plaintiffs in a wrongful death action that comes from a party other than the defendant. This includes life insurance benefits, health care services and providers, automobile accident insurance, and other possible sources of compensation.
Damages in a Florida wrongful death lawsuit can include reimbursement for medical expenses for treatment the victim has already received and future expected treatment, lost wages, and lost earning capacity. The plaintiff must show that they needed certain medical treatments, care, and services as a direct result of the defendant's negligence, recklessness, or intentional actions.
The lawsuits begin with the Initial Complaint, a pleading filed with the clerk's office alleging there has been a wrongful death. Before filing this initial pleading, there must be an investigation of the underlying case to determine if there is an underlying personal injury action to support the wrongful death claim.
