What Is Considered Wrongful Death?
Losing a loved one is never easy. But when that loss is the result of someone else’s negligence or wrongdoing, the experience can feel all the more painful. At The Nation Law Firm, we stand with families who have lost someone due to a wrongful death, and we’re here to help you understand your rights and options.
If you’re asking, “What is considered wrongful death?” this guide will walk you through what it means, who can file a claim, and how to begin the process of seeking justice.
What Is Wrongful Death?
Wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional act. The death could have been avoided had the responsible party exercised appropriate care or adhered to the law.
In legal terms, wrongful death is a civil claim, not a criminal case, filed by the survivors of the deceased. While criminal charges like manslaughter or homicide may also arise, a wrongful death lawsuit focuses on compensation for the victim’s family rather than punishment.
Common Examples of Wrongful Death
Wrongful death can occur in a wide range of scenarios, including but not limited to:
- Car accidents caused by speeding, drunk driving, distracted driving, or poor road conditions
- Medical malpractice, such as surgical errors, misdiagnoses, or medication mistakes
- Workplace accidents, particularly when safety protocols are ignored
- Defective products, including auto parts, appliances, or pharmaceuticals
- Nursing home abuse or neglect
- Criminal acts like assault or murder
If your loved one’s death falls into any of these categories, you may have grounds for a wrongful death claim.
Who Can File a Wrongful Death Claim?
Each state has specific laws about who can file a wrongful death lawsuit. Generally, the claim must be filed by a personal representative of the deceased’s estate, often on behalf of surviving family members.
In Florida, for example, the following parties are typically eligible:
- Spouse
- Children (including adopted or dependent children)
- Parents (particularly for minor children)
- Other dependent relatives or heirs named in the estate
The law aims to compensate those who were emotionally or financially dependent on the deceased.
What Damages Can Be Recovered?
Wrongful death claims are designed to provide financial relief to surviving loved ones. Recoverable damages may include:
Economic Damages:
- Medical bills incurred before death
- Funeral and burial expenses
- Loss of income and benefits the deceased would have earned
- Loss of household services (childcare, home maintenance, etc.)
Non-Economic Damages:
- Pain and suffering of surviving family members
- Loss of companionship, protection, guidance, and support
- Emotional distress
In some cases, punitive damages may be awarded to punish especially egregious conduct and deter future wrongdoing.
How Do You Prove Wrongful Death?
To succeed in a wrongful death claim, your legal team must prove the following elements:
- Duty of Care: The defendant had a legal responsibility to act with reasonable care.
- Breach of Duty: That responsibility was violated (through negligence, recklessness, or an intentional act).
- Causation: The breach directly caused the death.
Damages: The death resulted in quantifiable losses for the survivors.
Proving these elements often requires thorough investigation, expert testimony, and strong legal advocacy, which is why having an experienced wrongful death attorney is essential.
How Long Do You Have to File?
Every state has a statute of limitations—a legal deadline for filing a wrongful death claim. In Florida, that time frame is typically two years from the date of death, though certain exceptions may apply (such as in cases of medical malpractice or criminal investigation delays).
Missing this window can mean losing your right to file a claim, so it’s important to speak to a lawyer as soon as possible.
Why You Need a Wrongful Death Attorney
Wrongful death claims are emotionally charged, legally complex, and often fiercely contested by insurance companies and large corporations. At The Nation Law Firm, we handle these cases with the care and urgency they deserve.
Our legal team can investigate the cause of death, gather evidence and build a compelling case, and fight for the maximum compensation in court if necessary.
Most importantly, we’ll treat your case with the respect and empathy your family deserves.
No amount of money can replace the life of a loved one—but holding the responsible party accountable can offer a sense of justice and help ease the financial burden left behind.
If you believe your loved one’s death was the result of someone else’s negligence, don’t wait. Contact The Nation Law Firm for a free, confidential case evaluation. We’re here to help you find answers, hold wrongdoers accountable, and fight for your family’s future.
Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are over 100,000 attorneys in Florida, less than 100 hold these two Board Certifications.
