A GUIDE FOR FAMILIES
When can a death lead to a civil claim?
A fatal car or truck crash, a dangerous property condition, or an attack on someone else’s property can raise different questions about legal responsibility. A death alone does not establish that another person or business is liable. The review must examine what happened, whether a legal duty was breached, and whether that conduct caused the death.
Florida’s wrongful-death statute allows an action in specified circumstances when wrongful conduct causes a death and the person could have pursued a claim had they survived. The evidence and circumstances determine whether that rule applies.
Who brings a Florida wrongful-death claim?
Under section 768.20, the deceased person’s personal representative brings the action on behalf of the survivors and estate. Being a close relative does not automatically make someone the personal representative.
Tell us whether a representative has been appointed and whether an estate proceeding is open. If you do not know, you can still request an initial review. We can identify the questions that need attention before a claim moves forward.
Survivors and the estate have different roles
The Act defines who qualifies as a survivor. The available losses depend on the family relationship and other statutory conditions. A spouse, child, parent, or other relative should not assume that every category of damages applies to them.
What losses may be considered?
Depending on the facts and the person entitled to recover, section 768.21 may allow recovery for lost support and services, certain losses involving companionship or parental guidance, mental pain and suffering, and medical or funeral expenses. The estate may also have recoverable losses under the statute.
These categories are not available in every case. The person’s earnings, household contributions, family relationships, and who paid particular expenses can all affect the analysis. An initial review cannot promise an amount or outcome.
What can a family gather for a review?
You do not need a complete file before contacting the firm. Start with information already available to you:
- The event: when and where it happened, the people or businesses involved, and any police or incident-report number.
- Existing records: photographs, witness contact information, letters from insurers, and any medical or death records you already have.
- Family and estate information: close family relationships and any paperwork appointing a personal representative.
- Financial effects: funeral or medical bills and information about the support and household services the person provided.
Keep originals and preserve messages or documents as received. For the initial website request, provide a brief summary and contact information. Please wait for instructions before sending confidential records.
Questions families often have
Can I contact the firm before a personal representative is appointed?
Yes. You can ask for a review and explain what you know. Appointment and authority to bring the action still need to be addressed; an inquiry does not establish representation or authorize someone to act for the estate.
What if a police investigation is still open?
Tell us the agency and report number, if known. A criminal investigation and a civil claim answer different questions. Do not assume that waiting for an investigation to end preserves a civil filing deadline.
What if we do not have all the records?
Begin with what you know. Identify missing records and who may hold them. The firm can discuss what additional information may be needed to evaluate the inquiry.
How soon should the family seek advice?
As soon as practical. Filing deadlines and possible exceptions depend on the claim and circumstances, and evidence may become harder to obtain over time. Request a review so the relevant dates can be assessed.
Meet the firm’s attorneys
Learn about Tyler K. Vaughn and Nicole N. Sanchez, the attorneys at Sanchez Vaughn, Trial Lawyers. Their biographies explain their backgrounds and experience.
